Your questions cannot be answered in this forum without additional information. Judges in Virginia are concerned about the child's best interest. Therefore you will need to present evidence in support of your case, which demonstrates why it is in the child's best interest to be in your care and custody.
I suggest that you confer with an experienced family lawyer in your area to discuss the facts of your case in greater detail. Lawyers charge by the hour, therefore, you need to discuss the matter of fees and costs prior to setting an appointment.
Best of luck~
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