Legal Question in Family Law in Virginia

Re: Precedence for full custody

There is no "automatic" change in custody circumstances but you have a very good case to request a modification of custody. First, I would need to know whether there is a court order for custody or did you and your ex-wife just agree to this custody arrangment? If there is a court order giving your wife primary physical custody you could petition for a change in custody. The court will consider whether there has been any change in circumstances since the last custody award, and whether a change in custody would be in the best interest of the child.

If you do not have a court order for custody it may be easier to acquire custody. In that case you need to show best interest of the children dictate that custody properly lies with you.

Did you ex know of his previous conviction? Does she intend to continue a relationship with him even though he is incarcerated or when he is released? Have your children made any allegations of abuse? Have you taken your children to a therapist specializing in such matters? If you answer yes to any of the above you have a very strong case to acquire custody.

If you have any questions, please feel free to call me at 301-652-0663 or 703-598-9220.