Gilbert, AZ asked in Child Custody for Virginia

Q: Changing primary custody in multi-state situation.

Ex and I have joint with her having primary physical custody... My son is 13 and wishes to live with me full time. I fear for his welfare, example... she works as a realtor and is never available to help with school and such... my son, in attempt for attention took several ibuprofen... she refused to take him to the ER to be checked... as a RN I know this can cause liver damage... She leaves him at home with a man she was married to that she admitted (i have the text) smokes weed and hates my son. My son feels like she doesn't care about him and I'm tired of this... He wants to live with me and I believe its in his best interest at this time. The problem is he lives in Va.. .I live in AZ.... his siblings have moved away except one... he's 24. My son has and uncle and aunt with three cousins here in AZ about 15 miles away... cousins are 15-19. She states he can come live with me in fall... what options are best... petition for the change in status ???? or be more aggressive in tactics?

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1 Lawyer Answer
Gary D. Godman
Gary D. Godman
Answered
  • Stafford, VA
  • Licensed in Virginia

A: Lots of questions that an attorney needs to know in a private consultation in your situation - what state issued the current custody order? If it wasn't in VA, how long has the child lived in VA? If he is in school, is it appropriate to try to change custody in the middle of the school year?

A good start would be to speak with an attorney close to where the child resides in VA to get an idea of what step should be next in your specific situation. Good luck!

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