Virginia  |  Family Law

Legal Question

Asked on: 4/05/06, 1:40 pm

Custody Issue

My husband has phsical custody of his 6 year old son and he and his wife have joint custody. She deserted them when his son was three years old. His son visits his Mother every other weekend. At what age can a child express where he would like to live? My husband's son says that if his Father dies he wants to stay with me. He doesn't feel comfortable at his Mother's house. Of course, this is the only home he has ever known and he's established at his school and has many friends. I've known him since he was born and have taken care of him since he was three years old. We are very close and he calls me Mom. If my husband passes away, what recourse do I have to possibly get custody of him and have him live with me. At what age can he tell the court where he wants to live. Do I have any chance at getting custody? Can my husband specify anything in his will? Thank you for your advice and help in this matter.l

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