Going for custody years later based on evidence not presented.

[416021va]

I live in the State of Virginia but the child resides in Florida.

4 years ago, a final dissolution was entered granting the child primary residential custody with the CP.

I am the NCP.

I retained an attorney at that time, but the attorney "conveniently" did not petition for custody even though I repeatedly asked him to. Anyways, I filed a bar complaint against that attorney, but this did not help my problem of remaining an NCP.

I know that in the State of Florida, a sucessful petition for custody is based on a substantial change of circumstances, and/or "in the best interest of the child."

The attorney "conveniently" failed to mention that the CP was arrested for domestic violence against me. He also failed to mention that the CP decided to keep the child and remain in the State of Florida during a vacation that we took there. This was only a few weeks after CP's arrest for Domestic Violence against me. (Our initial residence in Virginia at that time was unfortunately for only 4 months though as we had just moved from Florida.) (Interestingly enough, CP asked local police (Virginia at the time) what would happen if she took the child away). The police told CP at that time that if they were to leave VA, they would be arrested for kidnapping!! I decided to leave child with CP in Florida as knowing how things work, I was afraid I would get lifted for kidnapping if I took him back to VA.

I would like to know if I can still bring this up and petition for custody?

Please do not confuse my previous residency in Virginia with my present one.

I lived in VA during 2001, but moved back to FL for a few years. I moved back to VA in 2005.

Thanks!

[MixedBag]

Ask Soc.

But my gut tells me no, you can't file based on what you've told us.

Concentrate on the best interest of the child factor today.

Maybe the attorney thought that once the divorce was settled and done, that there would be no more domestic violence and therefore, he never brought it up.

Domestic violence has a way of rearing it's ugly head even more so during the period of time when two people want to divorce.

If she is truly guilty of this subject, then it will rear it's ugly head at other times as well.