Legal Question in Family Law in Virginia

Physical Custody

My ex just got married and thinks he deserves physical custody of our 9yr old. He has never been an active dad, until he filed the motion to change custody. That was the first time he ever came to our sons school or talked to a teacher... He has had 4 DUI, 2 driving without OL, drunk in public, and rape of a child under the age of 13. He has not filed taxes in 9yrs because he owes back child support. What are his chances if he claims he has changed. My record is clean except for a speeding ticket and no seatbelt (different times). I want them to have a relationship, but I do not think it would be in our sons best interest to live with him as his anger is sporadic and scary.


Asked on 11/19/07, 2:38 pm

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

Re: Physical Custody

In order to succeed on a motion to modify custody he will have to prove a change of circumstances and that the change is in the best interest of the child. It is unlikely that his remarriage will be deemed a substantial change, and certainly his history raises concerns about his parenting skills and the best interest of your child.

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Answered on 11/20/07, 12:59 am


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