Forest, VA asked in Child Custody and Family Law for Virginia

Q: I have joint custody of my 2 children 16 and 13. I am filing for change of custody can they stay with me until court dat

There was sexual assault in the home. Mother no longer lives there and there is a court case with the stepfather begining. Both children have come to me and dont want to go back to there mothers. Because the place they live now the have no privacy or have there own room. Plus the other adults are always fussing and trying to manipulate them. I am filing for change of custody today but do they have to go back to there mothers until court or an agreement is made.

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1 Lawyer Answer
Kelly L. Vasta
Kelly L. Vasta
  • Norfolk, VA
  • Licensed in Virginia

A: Typically, the current order that is in place still stands and must be followed until a judge rules differently. However, it sounds as though you may have a good faith basis to file for an emergency hearing (that would advance the case on the docket) to address the current situation. I would recommend consulting with an experienced family law attorney who can assist you in potentially filing for an emergency hearing.

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