custody changing hands

[pancakes]

What is the name of your state (only U.S. law)? Virginia

Once sole legal and physical custody is ordered, is there any way NCP could regain part of that?

 

[Zigner]

What is the name of your state (only U.S. law)? Virginia

Once sole legal and physical custody is ordered, is there any way NCP could regain part of that?

Yes.

If you want a better answer, post more details.

 

[pancakes]

He has been arrested twice for DV - one towards me which he pled no contest and the DA made a deal with him. Charges were dropped. Another for his current wife, which again no contest, he was slapped with a misdemeanor. He is currently in PTSD treatment center (court ordered as result of last DV).

The VA judge, at our custody hearing, gave me full legal and physical custody. Primarily because NCP didn't bother showing up, but even if he had, I have a list of DIP, and DV incidents against him...police reports...VA disability reports documenting large quantities of perocet, etc that he takes daily, PTSD, TBI....it goes on.

He is convinced once he goes through this treatment center that he will be able to get full/joint custody. He wants full primarily so he doesn't have to pay support (his words). Now keep in mind this treatment center is for PTSD....not alcoholism (which he is a self-professed alcoholic) or for DV (of which there have been only two arrests but multiple police reports).

Is he just blowing smoke up my a** or is he actually able to have a shot in getting custody?

 

[Antigone*]

He has been arrested twice for DV - one towards me which he pled no contest and the DA made a deal with him. Charges were dropped. Another for his current wife, which again no contest, he was slapped with a misdemeanor. He is currently in PTSD treatment center (court ordered as result of last DV).

The VA judge, at our custody hearing, gave me full legal and physical custody. Primarily because NCP didn't bother showing up, but even if he had, I have a list of DIP, and DV incidents against him...police reports...VA disability reports documenting large quantities of perocet, etc that he takes daily, PTSD, TBI....it goes on.

He is convinced once he goes through this treatment center that he will be able to get full/joint custody. He wants full primarily so he doesn't have to pay support (his words). Now keep in mind this treatment center is for PTSD....not alcoholism (which he is a self-professed alcoholic) or for DV (of which there have been only two arrests but multiple police reports).

Is he just blowing smoke up my a** or is he actually able to have a shot in getting custody?

Not smart to listen to your ex.

Just say okay, smile and remember in the back of your head what kind of idiot he is.

 

[mistoffolees]

Not smart to listen to your ex.

Or ex's family. Or ex's attorney. Or ex's girlfrient. Or ex's potbellied pig.

Just say okay, smile and remember in the back of your head what kind of idiot he is.

Just to expand on this a little so OP understands how it works.

In order to get a change in custody, he would have to demonstrate that something is significantly different in the child's life (not his own completion of treatment). THEN, he'd have to convince the court that a change in custody would be good for the child.

Neither one of those things seems likely.

What he MIGHT be able to do is get court-ordered visitation. If he tries, you should ask for supervised visitation only and no overnights based on his history.

Look very carefully at what you have. Some of it is meaningless. Being charged with something is irrelevant. A dropped DV charge won't help you. The only thing that is going to help convince the court that his visitation should be supervised (or restricted in any way, for that matter) is if you can prove that he is a danger to the kids or others.

 

[Isis1]

Or ex's family. Or ex's attorney. Or ex's girlfrient. Or ex's potbellied pig.

i'm going to slightly disagree on the bolded part. if a pot bellied pig of my ex's started to say something, i'd definitely listen after i was done screaming my head off.

 

[pancakes]

Sorry for my late reply but just wanted to say thank you for the advice!

 

[mistoffolees]

i'm going to slightly disagree on the bolded part. if a pot bellied pig of my ex's started to say something, i'd definitely listen after i was done screaming my head off.

NO, NO, NO, NO.

Matthew 8:31. If a pig is talking, it's got a demon inside. DO NOT LISTEN TO WHAT IT SAYS.