Legal Question in Family Law in Virginia

Bio Mom wants to be free of Kids during the summers.

My hubsand has two kid from his first marriage.He is the ncp,Hubby's in the service often on delpoyment,just got back from Iraq, and ex wife just want to demand the he take them for the summer. Even has suggested, that he take custody if only for a little while. Because she thinking of joining the service at 39 and with four. WE looked in to it,as far as we know she has to give up custody for over a year.We honestly don't know how much truth there is to that. We have a none exsisting relationship with her. Because of her past and recent behavior.I personal once bonded with the kids, and took care of them in the past. But I don't care to anymore, and made it clear to my hubsand. That for the sake of our three year and my own sanity,i wanted to stay away.So i guess My question is will I be force to taken on these adolescent kids with emotional problems. She has full custody always wanted it that way. Now that they're speaking their mind and giving her trouble she wants to free of them, And doesn't she have to go to court and ask for a modifcatin for custody/visitation.What if hubsand wants to keep things as is, because his always away and knows I don't want that responsiblity what happen then. He get 2 weeks during summer.

Asked on 4/05/06, 10:46 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Bio Mom wants to be free of Kids during the summers.

A change of custody which would be a modification of an existing court order requires

the approval of a judge in the form of a new order. And merely because one of the parties(in this case the mom)may want a change doesn't mean it's going to happen as the judge on the case must decide whether such a change would be in the best interests of the children---or not.

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4/05/06, 11:17 pm

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