Legal Question in Family Law in Virginia

Pending custody/ divorce

I left my husband and MY home with my 6 year old daughter and 7 year old son 16 months ago after an assault and battery. JDR granted me temp. custody in April of 2008. My husband filed for divorce in August of 2008, moving the whole gammet up to Circuit court. During the separation period he was charged AND found guilty of Assault and Battery, leaving him on 2 year SIS, charged and found guilty of PO violations creating subsequent PO's, a DWI which now restricts his license and posession of cocaine for which he is also out on bond for and is awaiting sentencing.

He accuses me of adultery in his divorce complaint, which is none factual and due to the fact that I had a male witness to a destruction of property charge, who is also my landlord.

My attorney flip-flops on the issue of custody--I am seeking sole legal for my children, have no record, am not guilty of his accusations and have re-established the children and I with the help of counselors and the county as well as their new school.

Under these circumstances would a PWC judge grant the father joint custody? Please reply--I have lost utter faith in my present attorney who seems to want to do the least amount of work for his flat fee and shows little interest.

Asked on 3/17/09, 2:44 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Pending custody/ divorce

Sounds like you may need a new attorney who is willing to go to trial if necessary to contest your husband's charges.

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Answered on 3/18/09, 5:04 pm

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