Legal Question in Medical Leave in Virginia
Custodial Parent's Rights
I am a full-time stay at home, single mother. My mother moved in with me five months ago. My ex-husband does not agree with my mother living with me and my two children (ages 7 and 3). I am the custodial parent as set forth in our settlement agreement. She is not a ''drain'' on my household income, proven by deposits on a bi-weekly basis from her. In fact, should she move out it would strain my monthly budget greatly. She works full-time, does not date and does not do drugs or abuse alchohol. My question is this: Can he make me have her move out?
1 Answer from Attorneys
Re: Custodial Parent's Rights
Of course, your former husband cannot force you to evict your mother from premises in which he doesn't even reside nor probably even share any measure of ownership.
Only if he could show by a preponderance of the evidence that your mother posed some kind of threat to your children and that her continued residence in your home was contrary
to their(the children's) best interests might he succeed in having your mother removed.
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