Legal Question in Family Law in Virginia

Re: Gaining custody of your children

You can always petition for custody of your children but I would need more facts to determine whether you would be successful. Generally speaking the court grants custody based on the best interest of the child. The court looks to several factors to determine what is in the best interest of the child. Some of the factors the court looks to include: the age and physical and mental health of the chidren; the age and physical and mental health of each parent; the relationship existing between each parent and the child; the needs of the child (inc. relationship with siblings and other extended family members); the role that each parent has played and will play in the future upbringing and care of the child; the propensity of each parent to actively support the child's contact and relationship with the other parent; and sometimes the preference of the child.

The fact that the father has relinquished custody to his mother would most likely NOT work in his favor and can be very beneficial to obtaining custody. However, as you can see many factors are involved and I would need to know more facts before advising you. Please feel free to call my VA office at 703-598-9220 or my MD office at 301-652-0663.

Re: Gaining custody of your children

File a petition for custody in the Juvenile & Domestic Relations Court in the city or county in which the children now reside.

If you are a fit parent, you will most likely get custody. If the children are already residing with you, that enhances your chances considerably.