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Tina, My ex husband has checked himself into rehab. Four…

Customer Question
Hi Tina, My ex husband has...
Hi Tina,
My ex husband has checked himself into rehab. Four years ago he plead guilty to child endangerment, hit and run, leaving the scene and dui charges for a plea bargain in which they dropped it to wreck less driving. His bac was .34 and he had our then four year old in the car. He has been drinking heavily again and has been skipping visitation and then texting asking if he could get them but admitting he couldn't drive. I am hoping to get sole custody until he can show he is sober after rehab for a certain amount of time but I don't know where to start and my lawyer I used for the divorce isn't being very helpful about the process or the cost. Thanks for your time.
Submitted: 10 months ago.Category: Family Law
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Answered in 8 minutes by:
10/3/2017
Family Lawyer: Michael Bradley,
 replied 10 months ago
Michael Bradley
Category: Family Law
Satisfied Customers: 1,680
Experience: Owner at The Protection Group LLC
Verified

do you have a custody order at this time?

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Customer reply replied 10 months ago
I do. It's shared with me as the primary. He is suppose to have them every Thursday and every other weekend.
Family Lawyer: Michael Bradley,
 replied 10 months ago

you can file a motion to modify the custody order as a result of his being in rehab and he can not see the child

you can also ask the judge that he must establish his sobriety before he can see the child unsupervised

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Family Lawyer: Michael Bradley,
 replied 10 months ago

what court is the custody order entered from?

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Customer reply replied 10 months ago
It says circuit court for Fredericksburg City. I'm in Virginia.
Customer reply replied 10 months ago
Is that something I can do or do I have to go through my lawyer?
Family Lawyer: Michael Bradley,
 replied 10 months ago

you can do it yourself but having an attorney is easier

the form and instruction guide is below

http://www.courts.state.va.us/forms/district/dc630.pdf

http://www.courts.state.va.us/forms/district/dc630inst.pdf

the court's number(###) ###-####/p>

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Customer reply replied 10 months ago
I can just call and ask them how to do it? Or Ivan prepare it and give it to my lawyer? He said I would have to file a motion to amend custody and that it wasn't simple.
Family Lawyer: Michael Bradley,
 replied 10 months ago

the motion template is attached previously

you can call and ask they are usually helpful

to be honest I would retain an attorney if you can afford one

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Customer reply replied 10 months ago
Hi, I'm sorry I was on travel. I have one more question then I will rate your service. My ex has agreed to 90 days sole custody. I contacted my lawyer to let him know and he said that he would charge $800 to file the paperwork with the courts. Since this is uncontested am I going to mess it up by doing it myself using the form that you sent me? $800 seemed very high.Thank you
Family Lawyer: Michael Bradley,
 replied 10 months ago

no you should not mess it up

i understand your issue with $800 for an uncontested motion

it can be done yourself

I would call the clerk and explain what you are trying to do and they can help you, they are normally very helpful

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