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  1. #1
    Join Date
    May 2011

    Default Custody Across State Lines

    My question involves a child custody case from the State of: VA

    My son is currently 7 years old (8 in July). I got pregnant with him when I was 17, and his birth father was 21 (We were never married). I continued to live with his father here in VA and when my son turned 1, we moved to GA. During our two years living there, he began drinking heavily and became a little abusive (not reported) so in 2006 I decided to move back to VA to my mom's house with my sonHe was fully aware of this and even moved to VA to be near me and my mom even let him stay there for a few weeks til he got his own appt. While he had his own appt I allowed my son to go visit him for a few days during the week until one day he showed up at my mom's drunk (he drove my son while he was drunk 30 miles down the interstate. My mom just made him sober up and leave. I was not home at the time and my sister came to get my son from my moms b/c we were afraid of what he would do when he saw me. Few weeks after that he gets a DWI (still unpaid) and then a Drunk in Public a few weeks after that. He did not continue to see my son and later in 2007 he moved back to GA with his dad. Since 2007 I have raised my son by myself, and in 2009 I got married. In Feb 2011, I had another baby with my current husband. My husband treats my son as his own and my son has had very limited contact w/ his birth father. He has only called twice to talk to him in a year and I allowed him to go down to GA for one week Summer 2010 under the circumstance that he was to stay at his brothers (my son's uncle) house b/c his house that he lives in w/ his dad is dirty and full of cigarette smoke. He agreed. We have never had a custody agreement and he now wants to go to court to get a visitation schedule. He doesn't have a driver's license (unpaid DWI and unpaid child support), and is now living in a trailer in the middle of nowhere w/ his dad. Is there any chance he will get unsupervised visitation? Also, if something were to happen to me, would my husband or my mom (he has a very close relationship w/ her and visits her almost every weekend for overnights and church) be able to get custody of my son?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Custody Across State Lines

    If the child is domiciled in Virginia, then child custody litigation should be filed in Virginia.

    The child's noncustodial parent is the presumed custodian in the event that something happens to you. You are free to express your wishes to the contrary in your will and in a letter kept with your will detailing your reasons for preferring your mother, but it won't be binding on a court.

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