What will I have to do and prove to get custody and to get a divorce?

Me and my wife have been seperated for 3 months. We have a 5 month old son that we share visitaion with. She has been late constantly about bringing my son over and when I come over to get him she is always gone and doesnt answer the phone. I am military so she has him in during the week and I get him on the weekends and when I have passes. I have not seen my son in three weeks and I am really getting tired of her games. I want to get a divorce and possibly sole custody but I don’t know if I would get custody because of my job. She doesn’t work, she is not in school and depends on her dad.

Asked on March 25, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation. generally speaking, custody and visitation is determined by what is in the "best inerest of the child."  No one parent is given priority over another any more like it used to be.  The courts take a look at the whole picture.  I would speak with ana ttorney in your area about being the custodial parent (sole custody os not generally given; courts prefer joint custody with one parent being the custodial parent).  If you are not made to be the custodial parent then you will have set visitation.  If she does not follow it you can bring her back to court.  Good luck. 


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