Legal Question in Family Law in Virginia

Re: sole custody

When you say you want to file for sole custody do you mean that you do not wish to give the father any visitation or do you just want to avoid him having joint physical and legal custody? If it is to deny him any visitation I can tell you that courts are extremely reluctant to deny parents any visitation with their children absent a showing of abuse or neglect toward the child. Generally the abuse does need to be directed toward the child but you can argue that the abuse that is directed toward you seriously and negatively impacts the child.

If you simply wish not have joint custody with this man then keep this in mind, courts will award joint custody to parents who cooperate with each other. If the court believes that the two of you can't work together for the benefit of the child then it is less likely to grant joint custody because joint custody will require a lot of interaction between the two of you. Show the court that his behavior makes it impossible to interact with him frequently and plead the court not to give joint custody on that basis.

However, do be careful not to give the court the impression that you just don't have the energy to deal with him. You should show the court that no reasonable person would want to deal with him because he is so abusive toward you.

If you have any questions, please call my office 703-968-3974.