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 firstname.lastname@example.org 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.
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
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