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Can I file for Sole/Full Custody after having Primary Joint custody for 7 years?

Fredericksburg, VA |

Father has never been able to communicate or agree on anything with me regarding the children, EVER! Father is very unapproachable and has never been able to say yes or no, it’s always he'll see and then still never get an answer. Father shows many signs of controlling issues with the children and on me. Father smokes/drinks and the children come back smelling really bad after being with him. Having joint custody you should be able to communicate and cooperate with each other regarding the children and be able to get along in front of them. Well that has NEVER been the case with him. I have tried so many times, humbling myself, being the better person and still get nowhere. There are more issues involved. I believe and know it is for the best interest of children. Any suggestions? Thanks

Attorney Answers 3


  1. Yes, you can file. It may be a petition or it may be a motion to amend depending on the history of the case. However, just because you can file does not mean you are guaranteed to get the custody arrangement that you want. You should seriously consider retaining an attorney to help you prove your case if you choose to file for custody.

    Cassie L. Baudean, Esq. Baudean Law, PLLC (p) (804) 447-0146 clbaudean@baudeanlaw.com Serving Richmond, Virginia to Chesapeake, Virginia Answers contained herein are to be considered general information and are not legal advice and should not be relied upon as legal advice. No attorney-client relationship is formed by answering your question. You should seek advice from a licensed attorney to have a complete and proper answer to your legal question.


  2. You may file for a modification of the child custody order provided there has been a material change in circumstances since the last order. His being uncooperative may be grounds for a judge to modify the order, but you should be prepared for him to level the same accusations against you. Contact an attorney for assistance and advice on how to proceed. Good luck.

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    Anneshia Miller Grant
    Garrett Law Group, PLC
    http://vabeachdivorceattorney.net
    anneshia@garrettlawgroup.com
    (757) 422-0195 - 24 Hour Service

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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