Legal Question in Family Law in Virginia

Hi, my best friend Is a Marine and lives on base. His ex is now married to another man in the military. I've been in his daughter's life for two years now, she is almost three. He wants to get his daughter but his ex is trying to move to another state across the country because her husband got deployed, sort of; got deployed today. She wants to move in with his parents while he is gone and I just found out she is pregnant. His ex does not have a job and he pays her child support. I know all that money does not go to his daughter, i've seen it first hand. Also, now that she is pregnant again I know that his daugher will be pushed aside. Her mother doesn't do much with her because all they do is sit at home, she has no other time with kids her age unless her real father and I have her. I'm afraid she will get negated because of this. I want to know if it is possible that my friend and I try to get his daugher. She would be living with me during the week and he comes home on weekends. I live with my family who strongly supports this decision and love and care for this child. I have a job, a car and I know I could take care of her. I get her every other weekend when my friend stays with me. His ex keeps trying to take her away from him solely because she does not like him. I know I would be able to support her in every way, I practically help raise her while she is here anyway. I just wanted to know if it was possible for my�Friend and I to get custody of her? Please help, this has been going on for awhile now that his ex keeps taking his daughter away just out of spite because she is married now. Thank you.�


Asked on 5/06/13, 10:10 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, your chances of getting custody of the subject child are zero (in my opinion)

since you have no valid legal status with respect to this child.

As for your best friend, and, apparently, the father of this child, his chances

would not be much better than yours of obtaining custody (my further opinion) since he is active duty and apparently not now in any position to provide any meaningful/significant custodial care with respect to this child on a day to day basis given his active duty status in the military.

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Answered on 5/06/13, 11:01 am


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