Legal Question in Family Law in Virginia

I have 3 children through my marriage. I have been married for 5 years now. My husband their father has not bought clothes or shoes for any of his children since 08. He has bought diapers and such but not for the past 4 months. I had recently went back to work to only get fired a sort time later in part because he called me too much yelling and fighting with me. I was recently raped as well and he blamed that on me. He blames me for all of our problems. He is emotionally abusive to me and it goes worse on me because I suffer from bi-polar disorder. He does not take care of me or the kids. He believes that paying the bills is taking care of his responsibilities. We had a big fight because some one told him I was trying to cheat. When he had no proof and the fact that I was not even attempting to. This was the final point for me. He says that we would be fine if I changed. But that is all I have done for him. I do not want to be in this marriage anymore but I can not in good conscious leave the children because he has not really taken care of them in 2 years and he doesn't know what a parent has to know. He is an alcoholic and a drug addict. We have one developmentally challenged child. And one who has a immune problem. I know that he on his own will not be able to take care of them the way that I have for 3 years. I want to know since there is no standing custody order if I am able to take them out of the state. I have a job lined up and a apartment as well that I can afford. So am I legally able to take them away after I file for custody. I live in Virginia.

Asked on 11/19/10, 4:30 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, in the absence of any currently valid order prohibiting such action

on your part or requiring you to give 30 days advance

notice to the court as well as to the children's father of your intent.

However, it would be a mistake on your part to file for custody in Virginia

rather than in the new state where you intend to reside after you have been

there with the children continuously for a minimum of six months.

Answered on 11/25/10, 6:26 am

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