Legal Question in Family Law in Virginia
Visitation Change maybe Temp Custody
My daughter�s mother will not voluntarily meet me half way we live 100 miles apart and when the order was written we lived closer. She has also moved at least 7 times in the past 5 year and right now has no home of her own she is living her brother in yet another school district. I have moves 2 times in 5 years within the same city. My daughter has been in 6 different schools and is only in the 3rd grade. I would like to try and get temporary custody but I have heard that is almost impossible, but I feel that my daughter is not in a stable environment and need to be. There is also apart of the visitation that states the every other year I loose two weeks of summer time with her to her mother I would like to change this and not have it in there anymore I just feel that I should get some uninterrupted time with my daughter. This was put into the order due to the fact that my daughter was younger and had not seen me in 2 years due to her mother leaving the state and not letting me see her or know where she was. Do you think that these changes are possible through the courts? I do not want to take my daughter from her mother, I just want her to get back on her feet and prove that she can be stable for our daughter.
1 Answer from Attorneys
Re: Visitation Change maybe Temp Custody
You may get a change in the visitation schedule more favorable to your current circumstances, but I do not see the court awarding you sole custody of your daughter(even on a temporary basis)based upon what you've described regarding the mother's circumstances.