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

Asked over 1 year ago - 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. Cassie Lynn Baudean

    Contributor Level 11


    Lawyers agree


    Answered . 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 Serving Richmond,... more
  2. Anneshia Miller Grant


    Contributor Level 18


    Lawyer agrees


    Answered . 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
    (757) 422-0195 - 24 Hour Service

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  3. Lee Alan Thompson

    Contributor Level 20

    Answered . yes

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Physical custody

Physical custody means the parent that the child lives with. Most parents have joint custody, but depending on the circumstances a court may award sole custody.

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