My ex lost our custody battle (and lost custody of our daughter to me) after being charged with his 3rd DUI in 5 years in VA on a suspended license, and a hit and run. His BAC was also .19. This happened while having a PL in place which stated neither he or I would drink while having our daughter in our custody, which he also violated. I've had custody of her for a year. I have NO criminal record. I'm employed. I have a place to live. I'm also expecting a baby girl in a few months. I recently became a victim of domestic violence, and left my husband as soon as the abuse happened. My daughter was NOT involved and my husband has not been in our lives at all since the incident. CPS had to get involved because my daughter was home when the assault happened. They were legally obligated to inform my ex what happened. Now he's threatening to take me to court for my daughter again. He lives with his mother and has additional family to help with our daughter at his home. He's lived at the same residence for over a year. His family has no criminal record. He also gets random drug and alcohol screenings, goes to counseling and takes medication. He's been doing this for a year.
Since CPS was involved and both of you (parents) have grounds where a court can go either way. You have to speak with a family law attorney. If your ex goes for a custody hearing and if you have been the primary parent, then you may get the physical custody, but again, CPS and CASA reports may play a role.
§ 20-124.3. Best interests of the child; visitation - Commonwealth of Virginia
Please note that my answer is general advice only and no attorney-client privilege attaches. It is a simple free "internet answer." Good luck.
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