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The Loudoun County Juvenile and Domestic Relations District…

Customer Question
The Loudoun County Juvenile...

The Loudoun County Juvenile and Domestic Relations District Court, ruled that my husband and I, have "joint custody" of our two children. We are living together, still married, and there is a Custody Order still in place until our daughter turns 18 years of age. Our son, is 18 years of age, and the ruling doesn't apply to him anymore.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

My question is, if my husband and I legally divorce, does the "joint custody" stay the same? Or, do we need to fight for custody again?

Lawyer's Assistant: Family law varies by state. What state are you in?

Virginia

Submitted: 4 months ago.Category: Family Law
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Answered in 1 hour by:
3/24/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 952
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

How long ago was the joint custody order issued by the Court?

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Customer reply replied 4 months ago
2012.
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago

So with the custody order in place, it would likely be possible to file a petition with the Court on the issue of divorce alone provided you have a required ground for the divorce. Since the custody order was previously put in place, I believe you could do this and not have to revisit custody.

That being said, if you wanted to revisit custody I believe there is a way you could accomplish this as well.

The big take away is that you have control over how you proceed. I would not expect the Court to ask further on the issue if, in a divorce petition, you expressed that custody was not an issue because it was previously resolved.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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