Legal Question in Family Law in Virginia

What are my rights

I have been divorced now for two years. My ex and I share joint legal custody of our two children, however, physical residence is with him. My kids have been staying with me more often than not (and if they aren't w/me, they are with grandparents)yet I am currently paying him child support, a small amount, but nevertheless, still paying. I have been living with someone to whom I am not married for about 2 years. Is it possible for me to seek custody of my children providing I am not married to this person? My kids want to come live with me on a full time basis, but I am afraid after such along time away I might not have a chance with the courts. Any suggestions offered would be appreciated.


Asked on 10/22/02, 10:11 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: What are my rights

You can certainly file to have the custody order

modified so that you have physical custody of your

children. However, it would be up to the court to determine whether this arrangement would be in the best interests of your children.

In making these determinations, the court would take into consideration the wishes of the older children (older than 13-14)as well as many other factors, including your current living arrangements, your ability to support them, etc.

Rather than court action, however, your first approach should be to the childrens's father to see whether he might be willing to consent to

a transfer of physical custody to you----which

would make things much easier for everyone involved, especially the children themselves.

Read more
Answered on 10/30/02, 5:40 pm


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