Legal Question in Family Law in Virginia
Ability to move out of Va. with children
I would like to know my options about moving out of Va. I am twice divorced. I have had full custody of my oldest two daughters for over 8 yrs.
We have had no contact with mother for over 2 yrs.
I also have an informal(not court ordered but signed & notarized by mother) custody agreement for my other daughter & son. I have cared for and raised all 4 children by myself since June 1996. I receive no child support or help from state. We would like to move to Pa. to be near my family. The children all agree to move. I'm sure mother of youngest children wouldn't consent to move. We are tight for money that is why I am trying all free options available. Please help if you can.
1 Answer from Attorneys
Re: Ability to move out of Va. with children
You have not said whether your agreement with your second wife requires her consent to your moving out of the area with the kids. You have also not said whether she is paying child support. Both of those are important.
Generally, a decision to move the children represents a significant enough change of circumstances for the non-custodial parent to petition the court for a change in custody (the only real remedy, since no one short of your jailor can prohibit your moving). At the hearing on custody, the court would look to what is in the best interest of the children; they would weigh the effect of moving to a different school, away from friends, away from church, into unfamiliar territory, against your ex-wife's ability to parent the kids; if she has been an active participant in their lives and has paid child support, she will have a better chance than if she has not.
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