QUESTION
How can I gain custody of my son if I’m still married and living with my spouse?
Asked on Jan 01st, 2020 on Child Custody - Virginia
More details to this question:
My wife has caused multiple Child Protection Services against USA due to drug addiction, she can not be trusted alone with our son and she has no interest in being a mother.
1 ANSWER
If you and your spouse live in the same house, it may be difficult to obtain custody. Custody decisions are made using what is referred to as a best interest standard, which is found in Va Code 20-123.3. If may be difficult to apply this standard, consistent with the child's best interest, if the two of you are living in the same house and no formal separation has occurred.
Lawyers.com offers general information and not legal advice. I suggest that you confer with an experienced family lawyer in your area to discuss this matter in greater detail. Most lawyers charge an initial consultation fee. Therefore, you should discuss this upfront to avoid any confusion about fees. Best of luck~
Answered on Jan 06th, 2020 at 7:28 AM