My son's father and I have been separated for about 9 months. He is finally moving out, and I'm scared that he is going to try to take custody. He is mentally and physically disabled. He is currently unemployed, and is moving back home to his grandparents. I am working a steady full time job. Going to be living with my fiancée, who also works a steady full time job. In the state of Virginia, what grounds do I have for custody of my 10 month old son?:confused:

ITs time to get some advise from a lawyer . Heere in our state which is Washington we have a court liaison which is free and helps people file paper work and she will talk to the judge personally for you.. I would look in to that at your local court house. They could answer a lot of those questions.. Do you have a parenting plan? You may have to go to court to re avaluate your plan. Take note of everything he says or does anything to might can be recored.. Your best bet is to get in ans talk to the judge... Best of luck

I would gauge the chances of losing your son as being very low. If you are remaining local (you say VA, but not if that is a move from where you are now) a regular visitation plan may be awarded.

As the above poster mentioned, speak to the court and see about filing for custody. Since you currently have physical custody, the court will have to find a solid reason to change that. It does not sound to me (an uninformed outsider) like his situation will be any better for the child... and that is what the court will consider... the best interest of the child.

Get a lawyer/advocate and file your custody paperwork. Also, apply for support (possibly SSI if your ex is eligible)