QUESTION
What is the likelihood of modifying a divorce agreement that involves joint custody of children where the parents live over 200 miles apart?
Asked on Jun 28th, 2012 on Family Law - Virginia
More details to this question:
I am planning to get married next month and the current arrangement between my ex and I will pose serious problems with my new husband and I. The current agreement have the children in my custody during the school year and where he has them every weekend during the school year. We have a verbal agreement outside of the written where I have them 1 weekend out of the month during the school year. He has them during the summer and I can have them every other weekend during this time. My 12-year old has voiced that he wants to live with his dad. My 8-year old wants to live with me. I would like to obtain full custody of my 8-year old daughter and allow my son to live with his dad.
1 ANSWER
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In general, a court has continuing jurisdiction to modify orders that relate to child custody and support. In contrast, if at the conclusion of a divorce, a court awarded a wife a set amount of money and allowed the husband to keep the marital home, in general, a court could not later modify such an award. It is extremely difficult to predict how a court would rule on a petition for a change, because each case depends so greatly on how the parties present in court, and how the children have adapted, or will adapt to the situation, and while the court will consider the desires expressed by a child, the actual weight given to that will depend on how emotionally developed the child is, whether the court thinks the child is being manipulated, or simply wants a less strict environment. You should consult with an attorney to advise whether you should file for a change in custody petition going forward, and to document your "current" arrangement.
Answered on Jul 05th, 2012 at 11:16 AM