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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3459
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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my wife left me and took my son , but stayed up here in VA

Resolved Question:

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: 7 years ago.
Category: Family Law
Expert:  Michael J, Esq. replied 7 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.

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