Regaining Child Custody Virginia

Summary

The user, a mother from Virginia, is seeking advice on regaining full custody of her daughter who is currently living with her paternal grandmother in Florida. The user has overcome past substance abuse issues, has been clean for over two years, and is now in a stable position to provide for her child. She has a supportive job and family network, and has custody of her daughters older brother. She has filed a petition for modification of custody in Virginia court and is preparing for an upcoming court date. She has evidence of her sobriety, stability, and threats from the childs father. She is seeking advice on how to present her case effectively in court.

Full Conversation

custody
What state are you in, Brittany? This will help me provide the most accurate information regarding custody laws in your location.
virginia
What is the current custody arrangement and are there any existing court orders in place?

In Virginia, courts consider the best interests of the child when determining custody.
her paternal grandmother has custody of her and she lives in florida
What is the reason for the current custody arrangement with the paternal grandmother in Florida?
i had to get clean i was using her ion . her dad had custody relapsed and oded and was in hospital four months i was in jail so she was giving to her grandmother
Are you currently in a position to provide a stable environment for your child?

In Virginia, the court considers the best interests of the child, including the mental and physical health of all parties involved.
yes
What steps have you taken towards regaining custody of your child?
i have a really good job that allows me ample time to be there for her and my dad says he will help me with her while i work ( watch her till i get off) i am clean 2 years and six months i completed rehab i am still attending groups every louth with a doctor for treatment
Have you consulted with a lawyer or initiated any legal proceedings to regain custody of your child in Virginia?
and i have custody of her * brother and have for three years now
Have you filed a petition for modification of custody in Virginia court?

In Virginia:
- The court may modify custody if there's a material change in circumstances.
- The child's best interest is paramount.
yes
What is the status of your petition for modification of custody in Virginia court?

In Virginia:
- The court will consider the child's best interest.
- The court may modify custody if there's a material change in circumstances.
i want full custody back i am not even allowed any visitation that isn’t supervised by her grandmother
What was the court's response to your petition for modification of custody?
court is pct *
What is the full name and location of the court "pct *"?
roanoke county juvenile and domestic
What is the reason given by the court for supervised visitation?

Roanoke County Juvenile and Domestic Relations District Court:
- Address: * E Main St #2C, Salem, VA *
- Phone: (*) *-*
at the time four years ago i was in jail and not clea
What steps have you taken since then to demonstrate your ability to provide a safe and stable environment for your child?
but that was four years ago and a lot of clean time later
What evidence have you provided to the court to demonstrate your sobriety and stability?
i have drug screens for at least a year and half from my doctor
What is the court's response to the evidence of your sobriety and stability?
i haven’t been able to show them yet we have court oct 10th
What is your plan for presenting your evidence of sobriety and stability in court on October 10th?
that’s what i need help with i guess
What kind of legal representation do you currently have for your upcoming court date?
inhave my completion certificates i have my pay stubs and a testomianl from my job president of the uaw in virginia . i have a lease that i have been at for over a year and my son is * i have him full time and he is doing wrll
Do you have a lawyer representing you in your upcoming court date?
no
What is the reason you don't have a lawyer representing you in your upcoming court date?
money right now
Have you considered seeking assistance from legal aid services or pro bono lawyers in Virginia? They can provide free or low-cost legal representation.
they will not appoint i tried looking for one …i need advice bad
What specific advice are you seeking for your upcoming court date?
well i have pictures of text between his mom
What is the content of the text messages and how do you believe they are relevant to your case?
and him about doing something bad to me if i ever try to get custody of her
What is the nature of the threat mentioned in the text messages? It's important to know as threats can be considered in custody cases, especially if they indicate potential harm to the child.
he said he would do something g very bad to
What exactly did he threaten to do in the text messages?
me and the courts if i ever got custody of her
What steps have you taken to report these threats to the authorities?
wuot
What is the nature of the stalking incident at your job?
no because since they were on her phone i took pictures of them …i also have where he stalked my job and i had to
What actions did you take when he stalked your job? This could be relevant in demonstrating a pattern of threatening behavior.
quit
What actions did you take after quitting your job due to the stalking incident?
i told the boss they took no actions dismissed the messages as hearsay and i quit
Have you reported these incidents to the police? It's important to have a record of such incidents for your custody case.
no i have not
Have you considered reporting these incidents to the police now? It could be beneficial for your case to have a record of these threats and stalking incidents.
would they be anything since it was her phone …my daughters laptop is connected to her grandmothers phone and we was watching a show on it when the messages came across
What is the content of the messages that came across on your daughter's laptop?
i have the passcode to the tablet
What information or evidence do you have on the tablet that could be relevant to your case?
pictures of the messages
What do these messages contain and how do they relate to your custody case?
what he would do to the courts
What exactly did the messages say about what he would do to the courts?
him saying he would spread lies at work in hr
What kind of lies did he threaten to spread at your workplace?
not lies but truth that didn’t needs to be spread about my past
What steps have you taken to protect your reputation at work from these threats?
i quit
What steps have you taken since quitting your job to ensure financial stability and a safe environment for your child?
but i ended up with a better job
What is your current job and how does it provide a more stable environment for your child?
i work theee 12s i’m off six months total out the year and i make enough mobey
What is the nature of your current job and how does it contribute to providing a stable environment for your child?
i work one week mon tuesday fri next week we’d thur sat sun
How does your current work schedule impact your ability to provide a stable and consistent environment for your child?
it never changes my schedule is made year to year leaves plenty of room to plan organize and stablize
What steps have you taken to ensure your child's needs will be met during your work hours?
my dad neverlonger works and will help me
What is your father's experience with childcare and how will he be assisting you?
he is great helped me raise my son
What is your plan for your father's involvement in your child's life if you regain custody?
he will stepmup
What specific roles and responsibilities will your father have in helping you raise your child?
getting her on and off bus when i am working
What is your plan for your child's care and supervision after school until you finish work?
my father will watch her till i get off
What is your plan for your child's education and extracurricular activities?
enroll
her in the school her brother went to
enroll her in the school her brother went to
enroll her in school