QUESTION
My husband was abusive and is in jail. How do I go about getting sole legal and physical custody of our son?
Asked on Nov 25th, 2018 on Child Custody - Virginia
More details to this question:
My husband was abusive and there is a police report about it. I went to an abuse shelter with my son and he moved out of our apartment. I picked up my stuff from our apartment and he had taken off, so I left to stay out of state with family. I have a protective order against him, he cant have contact with me or our son. He is incarcerated in another state now. What do I need to do to get sole physical and legal custody?
1 ANSWER
Sharon Moss
It depends on how long you have been living where you are now located. If you have been there 6 months or more, you can file a Petition for custody with the court in that jurisdiction. They will have rules on how you have to serve your husband in jail. If you have been in the state you are in now for less than 6 months, you will need to file a petition for custody in the court where you were living previously.
Answered on Nov 28th, 2018 at 9:12 AM