Legal Question in Family Law in Virginia

Two unmarried adults have shared custody through the courts of their young daughter, the mother who is the custodial parent leaves the child with the father in another state for the past 8 months where the child is enrolled in elementary school and doing well. The father wants sole custody or at least have him made the custodial parent. The mother is not in good mental or physical health. Can she be charged with child abandonement for leaving the child for the past 8 months? The child does not want to live with the mother and wants to stay with the father. Will a judge ask a child who she wants to live with? The mother cannot provide a stable environment for the child. She moves from friend to friend. The father has a home and can provide for the child. The child has roots and extended family in the father's state. Can someone give me some legal opinions in this situation?

Thanks in advance


Asked on 1/13/10, 6:33 pm

1 Answer from Attorneys
sheryl shane sheryl shane, attorney at law

The courts look to the best interests of the child. The father should hire an attorney and go to court if he is seeking sole custody. Based on the facts, the mom should get her personal life in order if she wants to fight.

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Answered on 1/19/10, 6:54 am


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