Legal Question in Family Law in Virginia

parents overseas who has custody

if the mother of the child goes overseas for a year and the father stays what kind of custody can i get? and what would happen when she came back?


Asked on 12/06/06, 9:54 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: parents overseas who has custody

The father could get full custody if in fact the court determines that that particular disposition would be in the best interests of the child. Upon the mother's return, the mother could also file for such custody, but unless she could show that there had been a material change in the circumstances relating to the custody issue which would likely affect or impact the best interests of the subject child, the father would likely retain the custody that was previously awarded by the court.

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Answered on 12/07/06, 10:19 am


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