Quick Question

[lookinnomore]

 

I live in the state of Virginia.

BF has custody, he and I live together.  BF has had custody for the last 4 years.

BM has recently gotten married, she has filed for custody of the boys.

BM has no other change of circumstances.

1) Is he and I being unmarried enough to change custody of the children?

[socrateaser]

>1) Is he and I being unmarried enough to change custody of the
>children?

Not in my opinion. What exactly are the BM's allegations for the custody change?

[lookinnomore]

On her change of custody papers filed in the court house she listed her home as "more suitable".  

The boys are thriving here with us.  Oldest plays football on his school team. He is also part of the peer mediation group at school.    While the oldest (13 yo) flips according to what BM has bought him lately as to where he wants to live, the boys are doing very well.

The youngest, while he isn't quite the joiner, has all A's and B's, in his first year of middle school.  Has tons of friends in the neighborhood and is happy.

Custody battle is no reason to get married, and we are happy in this "family life" unmarried.  But I would hate to think we would lose off the sole basis of she is married and we are unmarried.

I understand Virginia hates unmarried people. Your insight is always helpful at calming the nerves.  

Thanks!

[socrateaser]

The moving party must show a substantial change in circumstances affecting the children's best interests. The fact that she has married is irrelevant, because it has no effect on the children, positive or negative.

The children's current environment is good and there are no issues. Unless you draw a judge with a serious case of living in the past, your facts show no grounds whatsovever to justify a new custody hearing.

If this motion was filed by an attorney, then maybe there is something in the VA lawbooks that argues for a change -- if there is, then the motion filed should allege that specific case law or statute. If it doesn't, and the motion was filed by an attorney, then I would as that attorney what case law or statute supports the motion, and if none is forthcoming, then I would be filing a countermotion for sanctions for filing a frivolous action.

If you have an attorney, then ask him/her whether this is frivolous or not.

[lookinnomore]

thanks for your insight!  The custody motion was filed by the BM alone, although she has since hired an attorney.

We have a home study due to start Nov. 2, and a guardiam ad litem.  BF called and spoke at length with guardiam and wondered what the grounds were for the motion? asked BF to call the week before court date Dec 15, and see what she thought should be done after talking to BM.  

You make me feel better! Thanks!