Legal Question in Family Law in Virginia

Would this warrent a change?

I just found out that my ex is no longer working. I am unsure if she quit or got fired. She has primary custody of our two children. I live out of state and have phone contact several times a week and visitation every month. To me this would appear to be a change in circumstances. Would this be a good enough reason in order to change custody? The children and herself live with her boyfriend. Thats not a problem for me because they have a child together and I live with my fiance. But now without her having a job she is leaving it up to him to support her and the kids along with my child support. Do you think a judge would change custody because of this especially with me living out of state. Or am I getting up my hopes too much. Just as a side note a GAL is involved in the case and constantly getting on her for not following the order. They havent taken her to court over anything but they do have a record of everything that she has been pulling.


Asked on 4/18/09, 5:52 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Would this warrent a change?

"To me this would appear to be a change of circumstances", you say. However, that's not the standard which a reviewing court would apply to this custody matter which is a MATERIAL change in circumstances(that means very big), and for which the alleged facts which you've offered would probably be insufficent to support.

Yeah, so I have to agree with your conclusion that

you're very likely getting up your hopes too much.

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Answered on 4/19/09, 12:33 am


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