Legal Question in Family Law in Virginia

Sole Physical and Legal Custody

I am the mother of 2 sons ages 4 and 1. There father and I have never been married and are now going our seperate ways. He is going to go live with his family in Alabama many of which have drug related criminal records and are living on government assistance. He also wants to be able to take the boys with him. He has not held a job longer than a year in 4 years, has no car or residence of his own. I have been with my employer for 6 years and have a car and home in my name. I am going to seek sole physical and legal custody of our sons and also request they not be allowed to leave the state without my permission. Is this something feasible? Also, he has advised that he will fight these request in court. What is the likelyhood ofhim being able to stop my request?


Asked on 4/22/09, 11:58 am

1 Answer from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Sole Physical and Legal Custody

Seems feasible to me. At issue will be the best interests of the children and your fitness as a parent vs. his fitness as a parent. You might see what criminal records you can obtain. You should have an attorney assist you. Good luck.

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Answered on 4/22/09, 12:15 pm


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