Virginia  |  Family Law

Legal Question

Asked on: 9/28/11, 7:23 am

I have a son who is 15 years old from my first marriage, his father is deceased, i have remarried but my new husband and son do not get along. Can i give custody of my son to my parents so he can lvie with them, my new husband thinks that he has control over my son and says that I cant without his consent, is this true? We have a 5 year old daughter with my new husband and he has promised he would fight me tooth and nail for her. So can I give custody to my parents ?

2 Answers


Answered on: 9/28/11, 8:07 am by Michael E. Hendrickson

To have legal validity, you should file a petition through your local

J&DR;Court to have this court award custody of your son to

your parents.

As no more than a step-parent to the boy, your new husband would have no say, legally speaking, in the matter and most certainly is consent would not be required.


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Answered on: 9/28/11, 8:13 am by Michael E. Hendrickson

I also meant to add that family counseling for all three of you

might be a better solution to this problem than the one you've proposed

and could be ordered by the court should you petition to transfer custody

of your son to your parents.


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