My question involves a child custody case from the State of: Virginia
OK, so here's the situation. I have a 5 year old son who lives in Virginia with the mother and step dad. I live in Texas with my wife and two other children; 3 and 1. 3 years ago the mother and I went to court and I got put on supervised visitation supervised by the mother. I agreed to her wishes because at the time I could not afford to keep coming back and forth to court. It was agreed through a mediator not court ordered. Now, 3 years later I am put in papers to Virginia court to get my visitation unsupervised. After our first court date got continued I found out that the mother of my child is now facing a year in prison. On our next hearing I am going to ask for full custosy since she will be incarcerated. She has explained to me that my child would be going to her mother because he has only been alone with me once and he has never been out of the state without her. I got a letter in the mail saying the grandmother has filed a petition for custosy and that the hearing will be on the same say as our hearing. My relationship with my son is not the best but he does know his father, step mom, and siblings on this side of the family. I tried to call at least once a week or more but being so far away has put a toll on our relationship. I work, provide for my family, and already have his room set up for him to live with me. I guess what I'm asking is if I have a strong case or will the grandmother moat likely get him because of the fact that he has never been with me nor to my home? I do have a criminal background but the mother does too. I have no felonies unlike her. I read that she would have to prove that I am an unfit parent for me not to get my son but I also read that other factors determine getting him as well.
Help please.
OK, so here's the situation. I have a 5 year old son who lives in Virginia with the mother and step dad. I live in Texas with my wife and two other children; 3 and 1. 3 years ago the mother and I went to court and I got put on supervised visitation supervised by the mother. I agreed to her wishes because at the time I could not afford to keep coming back and forth to court. It was agreed through a mediator not court ordered. Now, 3 years later I am put in papers to Virginia court to get my visitation unsupervised. After our first court date got continued I found out that the mother of my child is now facing a year in prison. On our next hearing I am going to ask for full custosy since she will be incarcerated. She has explained to me that my child would be going to her mother because he has only been alone with me once and he has never been out of the state without her. I got a letter in the mail saying the grandmother has filed a petition for custosy and that the hearing will be on the same say as our hearing. My relationship with my son is not the best but he does know his father, step mom, and siblings on this side of the family. I tried to call at least once a week or more but being so far away has put a toll on our relationship. I work, provide for my family, and already have his room set up for him to live with me. I guess what I'm asking is if I have a strong case or will the grandmother moat likely get him because of the fact that he has never been with me nor to my home? I do have a criminal background but the mother does too. I have no felonies unlike her. I read that she would have to prove that I am an unfit parent for me not to get my son but I also read that other factors determine getting him as well.
Help please.
Custody and Visitation Issues: Father Getting Custody
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