More details to this question:
Do I have enough for material change in circumstamces?
Primary physical ccustodial parent is not medically or physically caring for child. They are partying and leaving child with great grandparents without telling them (sneaking out at night) and other times just up and leaving not coming home for days. School wise behavior is a problem behind in where child needs to be. Parwnt has interfered in visitation, great grandparent is making decsions on behalf of child and not allowing the other parent extra time with child. Including making an exchange during a snow storm with state of emergency in order to keep non custodial parent from having extra time with child.
Also can physical custody be transfered to mid sixty age great grandparent before bio non custodial parent.
1 ANSWER
1 Award
It's impossible to say for sure what constitutes a material change in circumstances because it is determined on a case by case basis. However, the fact that the child is suffering in school should be a red flag for the judge that something is not good here. Assuming the judge decides to hear the case, there should be a parental presumption in your favor. However, if the other parent is the one fighting you for custody, even if someone else is pulling the strings, then it will be an even playing field. You will have to show how it is in the child's best interest to change homes, which is always a drastic move but sometimes necessary.
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 Sep 24th, 2014 at 5:59 PM