Legal Question in Family Law in Virginia
My question involves a child custody case from the State of: Virginia.
Sorry for it being so long, just trying to see what the chance of judge changing order are.
Originally custody order in April of 2012 listed no adult of the opposite sex could spend the night. (we were still married at the time, if that makes any difference)
Custody order modified in May of 2013 this matter wasnt addressed specifically, it said that previous order still stands except where modified.
Divorce finalized November 2013
December 2 2013, filed a motion to amend order to have that taken out, mid December I received my filing back from the court, along with a letter from the clerk stating that it wasnt a stipulation of my order.
December 23rd began staying the night with my boyfriend (both at my house and his)
March 1, said boyfriend and I moved in together
March 6 I received a show cause from my ex stating that I violated custody agreement
March 26 Court, I provide documentation to the judge showing where I tried to file, and response from court. He finds me not guilty, but states that it IS indeed still part of the order. I then explain that we have moved in together. Ex demands my BF has to move out, judge says he is not "unringing that bell" at this time, and will now hear the motion to amend/will have it placed on the docket. but that my BF can stay. (says its possible he will order him to leave, but not until the motion has been heard)
We have court the 23rd.
But we have been in the same home for 4 months. My kids are accustomed to him being there and depend on him.
What are my chances of it being changed permanantly?
1 Answer from Attorneys
Not particularly good, maybe 50-50 that this particular judge may decide to "unring that bell", so to speak, and grant your motion to amend (my opinion).
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