QUESTION
Can my estranged husband grant me custody of my stepdaughters?
Asked on Sep 11th, 2019 on Child Custody - Virginia
More details to this question:
Their biological mother passed away and I have raised them as my own for 10 years. He and I also have a son together. He left almost 4 years ago and we have not lived together since but when he left he left all of us. I have very limited financial means and he has not paid child support at all but I have had our kids the entire time. He also has not seen the kids since 2016. Could he sign a notarized document agreeing to give me custody so I can move forward with child support and a divorce? I still have to figure those out as well.
1 ANSWER
Lawyers.com offers general information and not legal advice. Legal advice is when a client seeks specific answers to fact-specific questions. In Virginia, decisions relating to custody and visitation are governed by Virginia Code Section 20-124.3, which lays out the factors a judge must consider when making a decision governing these matters. If parties are in agreement regarding issues of custody and visitation, as an option, they can go to the Juvenile and Domestic Relations General District Court in their area and tell the intake clerk there is an agreement follow the process provided by the court. If there is an agreement, you should be able to move forward with little or no difficulty.
Perhaps, you and your husband should discuss the issue first to see if there is an agreement. If so, go to your local J&D Court to see what is the easiest way to move forward. If you need to meet with a lawyer, I suggest that you confer with an experienced family lawyer in your area in order to protect your interest and move forward. Most lawyers charge by the hour for an initial consultation. Therefore, you should discuss the lawyer's hourly rate in advance so there are no misunderstandings regarding fees. Best of luck~
Answered on Sep 16th, 2019 at 7:01 AM