Legal Question in Family Law in Virginia
I have a PPO against me that ends 11/29/09 (false threat allegations only which I can now prove/discredit). I have never violated it. I was given supervised visitation on the basis of my past living circumstances (one bedroom apt). I have moved into a really nice neighborhood with a total of 6 available bedrooms. My ex is in a bad part of town with my 6 yr old son. We are both on SSDI for bipolar disorder. I have evidence of her having guests over that do drugs, have police records, and a schizephrenic who lived there for two months. My son wants to live with me, does poorly in school, bad attendance, delayed dental treatment, and poor fitting clothes. I am in a healthy relationship with a gainfully employed, drug free, mentally stable female I will marry whenever my ex quits continuing the divorce hearing. Do I have a shot at custody?
1 Answer from Attorneys
Assuming that there is no prior order awarding custody to the mother, you might have a "shot"
at it under the circumstances described, but chances are it would be some kind of shared custody arrangement rather than sole physical/legal custody awarded to you.