Legal Question in Family Law in Virginia
How Do I Get Joint Legal?
I want to know how hard it is to get joint legal custody. From 2004 to about Aug of this year my ex and I had joint legal custody with her being the primary resident. For the last year she kept my children away from me and I was stupid in not filing contempt because I wanted to work things out of court. She decided to put in a motion for sole custody based upon abandonment. I pay child support and she was the one that did not allow me to see my children. Her request was granted. At the time I did not put in an appeal because a GAL was appointed. It seems that the GAL thinks it best that my ex continue to have sole since we do not get along and myself just have visitation. I dont see why having joint legal is not whats best for my children. What can be done in order to get joint legal back. Or what type of circumstantial changes do there have to be in order to regain joint legal custody. Could my now increased contact be grounds for gaining joint legal back and if not then what could be used as grounds for getting joint legal back? Also how hard would it be to get such a change. She has only had sole for about 4 months now. Thank you.
2 Answers from Attorneys
Re: How Do I Get Joint Legal?
In order to achieve a change of custody you will need to prove a change of circumstances (from the time that the order was entered) and that changing custody would be in the best interest of the children to make a change. It is unlikely that the fact you are having more contact with your children would be a sufficient change to have custody change. Plus, you would need to establish that it was in the best interest of the children to change. Courts are reluctant to change a current order, or what the children are used to. Although joint legal is preferred, sole custody is sometimes awarded in a case where the parents are completely able to agree upon anything (since joint legal custody requires joint decisionmaking). Without some change of circumstances impacting your children negatively, and proof (other than your testimony) that it would be in their best interest to change to joint legal, the court will be unlikely to change.
Re: How Do I Get Joint Legal?
To supplement Ms. Kochard's answer somewhat, the change in circumstances
referenced in her answer would need to be "material", meaning important, and not merely just any change in the circumstances of the case.
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