QUESTION
In gaining physical custody of my two children, what should be my first step?
Asked on Jan 31st, 2014 on Child Custody - Virginia
More details to this question:
My children's father lives in KY. I left with my kids in January of last year and moved to VA. We have lived here for a year and their dad has brought them to KY once in which they stayed with him for about 2 months. Other than those 2 months the kids stayed with him he has not contributed financially. I have a lot of trouble communicating with him because he says that he is busy whenever I call. If something happens with the children it takes up to a week for me to get a response from him. Lastly, The children's father wants to keep our schedule with the kids "50/50'. I do not agree for many reasons. He does not have a consistent babysitter so the children will be going to many different houses to be watched by different people everyday he has to work. Their father does not have a very stable lifestyle.The kids do not have consistent bedtimes, nap times, meal times,etc.I would like for them to have a home base with me and have visitation with him.
1 ANSWER
1 Award
Assuming there is no existing custody order in place, then the first step is to contact the Juvenile & Domestic Relations District Court for the county in which you and the children live. They will make an appointment for you to meet with one of their intake specialists, who will take all of your necessary information and prepare the custody petitions for you. They will probably give you information about how to get the father served with the papers out of state. Ordinarily you will have to hire a process server where he lives to serve him. Eventually you will get notice of a court date for your status hearing. This can take several months. After that, if the father contests you having primary custody, the court will set it for a trial. At that point, if not sooner, it would be extremely helpful for you to hire a lawyer to represent you.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Feb 05th, 2014 at 2:12 PM