QUESTION

Is it possible to have sole legal and physical custody of my one year old daughter?

Asked on Apr 02nd, 2012 on Child Custody - Virginia
More details to this question:
My daughter''s father left me when I was four months pregnant. Since my daughter was born, her father has never been alone with her and only visits with her for a couple hours per week at my home. I have told him that he can see her as often as he wants, but he chooses to only visit once or twice per week. I am a stay at home mom and have provided absolutely everything our daughter has needed. She is happy, healthy, and incredibly smart. I am worried about what may happen if she is with him. Recently he has become verbally abusive to me and is threatening to take our daughter away from me. I now want to get custody arrangements finalized and am wondering what type of custody/visitation he may receive under these circumstances.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Yes, you may seek sole legal and physical custody of your child, but it is impossible to predict with any certainty whether or not you will get it.  There are many factors that the court will take into account and you may get different results from different judges.  It also depends largely on what the father wants and how hard he fights for it.  However, even if you have sole custody, this does not prevent the father from seeing his child. The court will allow him as much visitation as is reasonable under the circumstances.  If his threats of absconding with the child are legitimately backed up by evidence that he has the intent and means to do so, this would certainly be taken into account.  Perhaps he should have supervised visitation until he can demonstrate that he is acting responsibly in the best interests of the child.  Likewise, the verbal threats toward you should be considered, but unless it creates a real threat to the child, it will probably not be determinative in the visitation arrangement. 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.      
Answered on Apr 04th, 2012 at 3:05 PM

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