Assuming the mother also wants the kids, then the thing that could stop you from having your kids is a custody battle with her. Even if she wins, you should still be granted visitation time with the kids, unless the court determines that it is not in the children's best interest to be with you. This is very unusual, as it is generally considered best for kids to spend as much time with both parents as possible. Everyone will be happiest if you and the mother are able to work out an agreeable schedule for the kids between the two of you. If you leave it up to a judge to work out a schedule for you, you are both likely to be unhappy with it.
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.
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