Legal Question in Family Law in Virginia

Past abusive relationship and getting sole custody

My daughter's father used to do drugs and was into alcohol about 2 years ago. So much so that he threatened my life and even hit me a couple of times when I was pregnant. I was always too scared of him to file a police report, so I never did. I left Texas and came to Virginia. He came too after a few months. But now he left back to Texas. And my daughter and I live with my parents in Virginia. Since my daughter's birth, he's been a great father. But he still occasionally threatens me and calls me nasty names whenever he gets mad at me. I don't have much proof except recordings of him admitting and apologizing for his mistakes. My question is do the two years ago matter when deciding if I can get sole custody? And also, does him leaving the state change anything when deciding visitation?


Asked on 5/09/07, 10:01 pm

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Past abusive relationship and getting sole custody

Any custody issue is determined upon what is in the best interest of your child. In that connection any evidence you can present that reflects upon the father's parenting abilities should be brought out, though the emphasis in such a case should be how you would be best for your childl, not why the father is the worst. With respect to visitation with a noncustodial distant parent, the arrangement usually accomadates travel difficulties by providing for a longer visitation with fewer visits.

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Answered on 5/09/07, 11:46 pm


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