It's been 4 years and my ex wife has physical custodian rights to our kids, we both have legal rights to the kids. I am always having problems with seeing my kids. Every time a visit is schedule, the kids have a great time but they are ridiculed and question when they return to their mother's home. Always in court monthly for either monetary, medical or personal views of my x-wife. It has been going on for 4yrs. Presently my x-spouse this month might be losing the home(foreclosure) for which I left her and the kids. I truly want my kids to live with me permanently, Due to the permanent change in the kids living situation, can I file for physical custody for my kids at my place of resident? On what basis should I legally present this to the courts so the results, which is changing the kids living conditions be understood without any mis-understanding or temporary laws inputed due to my x-spouse situation? I live in the state of Virginia (common wealth)

Hello W:

You can file for custody, but you need a lawyer to do it. He'll know what basis to use. Lawyers go to school for a very long time. The reason you want one of them on your side is because they know the rules of the court, and you don't. Can't play without knowing the rules... Ok, you can play, but you'll NEVER win.

excon

Virginia divorce information and resources (http://www.divorcehq.com/state_info/virginia_divorce_info.shtml) try this website.