Legal Question in Family Law in Virginia

I am the mother and had primary physical custody until four years ago. My ex took advantage of a horrible set of circumstances and filed for an emergency hearing which I was not able to be present at due to a hospital stay. i was not even informed of this hearing. he was able to take custody. many accusations were made and it ended up taking me a year to disprove them all. But by this time, he had lived primarily with his father for the first 3 months, then it became joint physical and legal. My son has been very unhappy at his fathers primarily because of his step mother and the living arrangements at his fathers. he is now 14 and keeps beggin me to go back to court to modify the agreement and have it returned to the way it was. Is this enough to request a modification and how much bearing will the judge put on my 14 yr old son's preference? Any other advice would also be greatly appreciated.

Asked on 9/05/12, 12:43 am

Michael Hendrickson Law Office Michael E. Hendrickson

0 users found helpful

0 attorneys agreed

No way to predict as to whether this paltry information would suffice for

a material change in circumstances to justify amending

the current order as you've suggested (my opinion).

However, at age 14, the court would give some weight to your

son's views on the matter, but, undoubtedly would want to hear

much more on the issue as to why he is unhappy with his stepmother

and the living conditions allegedly prevailing at his father's house.

Answered on 9/05/12, 7:41 am

Keywords

Match Any Match All

Country

State

Area of Law