Complicated Divorce Questions, Wife in Jail, Grandma has Custody of Kids

[Davey8313]

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

My wife has been locked up in August and I've decided that I want to get divorced. I believe that her being convicted of a felony and getting sentenced to a certain amount of time is grounds in Virginia. Would her being in jail be counted as time separated since she's not here? We have two kids, age 5 and 4, but my mom has custody right now. Would that change anything?

 

[ecmst12]

Why don't YOU have custody of your children?

 

[Davey8313]

After my wife got locked up, it was just better for my mom to have them. I had some stuff around the house to fix up, was unemployed and the courts wanted me to see a psychiatrist and a bunch of other stuff before I could even try to get to them back.

 

[ecmst12]

So....CPS removed your children and you are completing your reunification plan now?

 

[Davey8313]

Yes, but my mom is still going to keep custody of the girls for now until my situation is more stable. As of right now, she has custody and visitation is up to her.

 

[Antigone*]

Yes, but my mom is still going to keep custody of the girls for now until my situation is more stable. As of right now, she has custody and visitation is up to her.

Your custody situation would not change with your divorce.

 

[stealth2]

Yes, but my mom is still going to keep custody of the girls for now until my situation is more stable. As of right now, she has custody and visitation is up to her.

You keep telling yourself that, while you read about other situations like yours.