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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102184
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question about custody, in, Yes, I filed custody

Customer Question

I have a question about custody
JA: What state are you in? It matters because laws vary by location.
Customer: in virginia
JA: Has anything been filed or reported?
Customer: Yes, I filed custody and visitation petition. At that time my daughter didn't stay with me ans said she wants to stay with her Mom. My son said he wants to stay with me at that time. My children 14 and 13. So I filed petition seeking my son's custody and visitation with my daughter. But now My children has been staying with me for since end of May, go to school where I live and both want to stay with me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have to change my petition for daughter to seek her custody as now she wants to stay with me and doesn't want to see her mother. not that's it
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Okay. So are you asking how you can amend your petition to ask for both children to stay with you? Or, whether the children's preferences are controlling? Or, something else?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 8 months ago.
I'm asking how you can amend your petition to ask for both children to stay with me
Customer: replied 8 months ago.
how I can amend my petition
Expert:  Ely replied 8 months ago.

Ah, okay.

Expert:  Ely replied 8 months ago.

This is very easy. One can file a First Amended Complaint (replace "Complaint" with the actual title of the pleading). This is how parties amend complaints. This is filed as a pleading and is served unto the other party and the Court (no need for another summons, however).

NOTE that in civil cases, many times, the party seeking to amend needs to ask the Court for permission to amend via a Motion for Leave to Amend. See HERE. However, this is not often done in family cases. One can still file the motion for leave to amend (especially if the other party has already been served with the original order and it has been 21+ days), but the local court may not require it. Rule of thumb is when in doubt, one files the Motion for Leave to Amend just in case.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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