Legal Question in Family Law in Virginia
Shared Child Custody and one parent is inprisoned.
My wife and I are separated and share custody of a child with her having primary custodial custody. She has been convicted of 2 felonies in the last 5 months, the 1st was a plea that included 3-2 year suspended sentences because of other charges(3 other Felonies). The second, she has plead guilty to and is awaiting sentencing. This violates her probation on the 1st charge and will have to face those suspended sentences. She has since been charged with her 3rd, a class 6 Felony of Larceny.
With all of these legal problems and her getting ready to go to jail, how hard is it to get full custody of my child without retaining an attorney? What forms would I have to file at the courthouse?
Thank you for your time.
1 Answer from Attorneys
Re: Shared Child Custody and one parent is inprisoned.
While your wife's circumstances should make it easier to obtain temporary custody you will nonetheless need to file for a modification of the prior order which will be based upon the change of circumstances and that it is in the best interest of your child that he be with you. It requires more than merely filling out a form at the court house. And, while you are certainly able to do so on your own, I would advise to consult an attorney personally as to how to proceed.
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