Under what circumstances can I get full custody of my children? Whenever my oldest son is going to stay with his mother without me present, he calls crying for me to come to the house.
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, when asking for full custody of children you must show that it is in the children’s best interest for you to have full custody.
There are several factors that must be considered when deciding what is in the best interest of the children. One of the factors is the preference of the children and generally comes into play when all other factors about equal between the parents.
The best way to get a child’s desires known in court is through either testimony from the child or through a Guardian ad Litem. A Guardian ad Litem is an attorney who is appointed to represent the interests of the children only.
The Guardian ad Litem will speak to the children, generally interview the parents and observe their homes, and then make an independent determination. This determination will be presented in court. In Virginia, Guardian ad Litems are given a great deal of deference.
Moving for sole child custody is very fact-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on child custody, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.