Legal Question in Family Law in Virginia
Moving ny case from WA to VA and Child custody
My ex-wife relocated to VA over a year ago and I moved here in May, How do I have my court records moved to Va so I can file for custody and changes in my child support I have to pay?
My 12 year old visits me every other weekend and each visit I here of something disturbing from her. Her older sister who refuses to talk to me is 14 and My youngest told me her mother found condoms in her room. My 14yr old denies using them. However my youngest is exposed to this. My 12 yr old has been exposed to rather tasteless and sexual in nature letters that her mother had from her boyfriend(s). There has been allegations of abuse of hitting and spanking from my youngest inflicted by both mother and sister. My youngest wishes to live with my family. I think that my past may prohibit me from custody of my daughter. A yr and a half ago my wife and I where in and an altercation, ex-wife place a restraing order on me and I went to anger management and domestic violence classes for 10 months. We have been without incident since. Incidently I was never arrested or had to appear in court. The case was dismissed by the prosecutor for lack of evidence. I am asking for fear for my daughters safety what can I do to gain custody of my daughter?
1 Answer from Attorneys
Re: Moving ny case from WA to VA and Child custody
If you already have a court order you wish to uphold then you need to domesticate that court order in VA courts. However, I get a different impression from your question. Do you wish to change the current court order for custody? If so, you need to show there has a been a material change in circumstances. Many things can constitute a material change in cicumstances such as: moving closer to the children or as you allege the children (or child) express a desire to live with you. Since your daughter wants to live with you, and you have evidence of inappropriate love letters between Mom and boyfriend then file a petition for custody and one for visitation (quirky procedural requirement) in the Juvenile and Domestic Relations Court (J&DR) in the county in which the children live (or you live). The court will set a hearing date.
You mentioned something of a past barring you from custody. While that may be the case it is not necessarily true. If all you mentioned in your post (never being arrested but attending anger managment classes due to an altercation) is all that you are referring to then I would tell you, you are not barred. What is really important in a custody case is which parent is a fit and proper custodian. There are many factors the court considers to decide custody. How involved have you been with the children since they've been with the mother? The less involvement the less you're likely to get custody! The opinion of the children may be asked, depending on the judge. Do you have a more stable home than she?
I hope this helps. If not, give either my VA office a call at 703-968-3974 or my MD office a call at 301-652-0063 and let us see if I can give you more concrete advice.
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