Getting Custody of Child Living Out of State

by Noelle from Port Orange, Florida, Volusia County


I want to file for custody of my 4 year old son who lives in Virginia with his father. I wanted to know what I needed to do first to get him out of that house and second to get full custody.


The father lives with his mother who is not only a convinced child molester but also was convicted for manslaughter for her dogs killing an elderly woman in Virginia.

The father is a dead beat who doesn't work and lives off of his young girl friends pay checks and does nothing for himself. How would I go about getting all the necessary legalities down to proceed?

Answer to Florida Child Custody Question

Dear Noelle,

You may well need an attorney in Virginia to help you with this one.

But if you cannot afford, or cannot find an attorney to help you, I have a few suggestions.

My first suggestion is that you contact Child Protective Services in Virginia and in Florida to let them know of the situation.

Be sure that you tell them that the father's mother who lives in the household is a convicted sex offender.

Depending on the state laws there, she is likely not allowed to have a child in her home. Then petition for emergency child custody based on the fact that the child is living in a household with a convicted sex offender.

All of this is going to be difficult because you are dealing with the laws and procedures of two different states.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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