Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able. Given the substantial change in circumstances, you can file a motion to change custody. Given your stability and the fact that your sons are not even residing with their father, it is possible that a court will consider modifying the current custody order.
He is married and I am not...I have a roomate but I am capable and have ample room for my sons...Does this matter?
That is something the court will consider. The court will also look at the relationship your children have with their step-mother. The court will look at the totality of the circumstances to make a determination that is in the children's best interests.
They have an excellent relationship with her and her family...So because they have this it could be better to have the children their instead of with one of their natural parents? This is my concern because i have not been afforded the chance to have my sons except during the summer for a month for 7 years now.
It depends on the age of your children. The court will look at what is in their best interests. If the court feels that they are at a developmental stage and it would be detrimental to shift custody, the court may provide liberal visitation. If the court feels that a shift in custody would not be detrimental and in their best interests, the court may be inclined to give you full custody so they are residing with a biological parent.
Thank you...One last question...VA is the state in which the custody order is held, they live in PA now and I in NC. Would I need to begin the change thru VA and then they will decide if PA should have the case? Would I need to ask them to give PA jurisdiction?
If they have resided in PA for 6 months or longer, then the PA court may have jurisdiction over the matter. However, if the VA court reserved jurisdiction over the matter, you may cover yourself by filing in VA and transferring jurisdiction to PA.
Thank you ma'am
No problem. Best of luck to you!