Legal Question in Family Law in Virginia

My ex wants me to pay him $200 a month in child support. The thing is, the kids do not live with him. they live with his mom, who lives with her mom. Its a small house, and my kids ages 3 and 5 (one boy, one girl) share a room in the garage. yes, garage. my son sleeps on a old couch down there, and my daughter has a small toddlers bed. I want custody of them, but my ex said if i file, he will run, taking the kids with him. he drinks all the time, and is currantly on probation from a DUI back in May. He still drinks, and drives, his lisence is suspended, and his truck is illegal in every way. I have called and reported his truck, but nothing has been done about it. I work and go to school. my finace and i want the kids, but my claims that i am "unfit" although he admitted he has not proof. i do not drink nor do i do drugs. i have never been to jail. i have no record of any kind, yet he does. he admitted to me that he hits our 3 yr old on the bare bottom with a fly swatter, and tells her she cannot cry. he tells our son if he crys, he will be forced to wear a dress in public. he has reffered to the kids as "little shits" and "brats" and once called our daughter a "little bitch" the kids heard him of course. he is hardly around them, and i get them every other weekend as well as calling them every day during the week. my children never want to go home, they always want to stay with me, and ask me when i am coming to get them. when i get them, they look tired, pale and stressed. His whole family would rise up againist me if i filed for custody, they would say anything to keep me from them. they never did like me. I just found out yesterday, that my ex was giving his ex girlfriend money over the summer. then he would come to me and say he was broke and couldnt afford stuff for the kids. he still owes me a large sum of money. can i call Child Protective Service? there are too many people living there as it is. Please help me!

Asked on 10/05/09, 4:31 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Sure , you could call CPS, but with what likely result on thse facts? ZERO, nada, si entiende Usted espanol(in my opinion).

Better to hire an attorney who understands and has some experience with Virginia custody laws and procedure to represent you in this matter.

Answered on 10/11/09, 12:44 am

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