Legal Question in Family Law in Virginia
Visitation/Custody
I have full legal & physical custody of my child. The child's mother is threatening taking me to court for custody, however she currently lives with her boyfriend and his parents in their home, my daughter sleeps on the couch when she visits them because she has no bedroom. The child's mother also has no job to be able to support the child. What are the chances that she would get any portion of custody back? Also we currently have joint visitiation, what are my chances of getting a set visitation schedule and what needs to happen to make them supervised visits? I have proof that her mother has put her in unsafe situations is someone's testimony enough to make supervised visits happen?
1 Answer from Attorneys
Re: Visitation/Custody
Unless there's been a material change in the conditions affecting one or more of the factors which the court by law is bound to consider in making its decision regarding custody, the previous decision should stand.
The court should be willing to establish a set visitation schedule if you request it; supervised visitation would reqire a credible showing that the child would somehow be endangered or placed
in jeopardy if the mother were allowed unsupervised visitation.(The judge deciding this matter would have to determine the weight to be given to the person testifying on this issue.)
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