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SoloLawyer
SoloLawyer, Lawyer
Category: Family Law
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Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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my wife left me and took my son , but stayed up here in VA

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my wife left me and took my son , but stayed up here in VA she is from FL. She told me she was stayin at an apartment that her parents paid for. Well i found out she is staying with a 30 year old Navy guy that has a son and is divorced. So i was wondering if i could get custody of him.
Submitted: 4 years ago.
Category: Family Law
Expert:  SoloLawyer replied 4 years ago.
Hello -

Thank you for contacting JustAnswer.

The fact that your wife is staying witha friend from the Navy that is a guy will not be a sole reason for you to obtain custody of your son. Court usually use the "best interests of the child test" to determine where the child would be best suited. Althought most courts lean towards joint custody if it can be worked out and want the child to have both parents in his/her life, sometimes custody by one parent and visitation by the other is the only may to make it work.

When you two get divorced, the Judge will decide what is in the best interest of the child. He will look at who has a better relationship with the son, a stable home, a stable job, and no chemical dependencies (drugs). Also, if the child is old enought, sometimes their opinion will be weighed by the Judge. Overall, you simply need to keep straight, keep a steady job and home,and show that you will provide a good home for your son.

Hope this helps.

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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