Legal Question in Family Law in Virginia

Hi I am getting out of an abusive relationship. I have two children with him. Recently, I pressed criminal charges against him for domestic abuse and will appear in court as a witness at the end of the summer. He has never held a job regularly, I have been the main breadwinner and have been head of household claiming our two children on taxes. Also, I have never put him down as a part of our household because he has a criminal record and did not want to jeopardize my chances at getting help. Currently he is in jail awaiting trial for the domestic abuse charges. I was going to seek a protection order for two years but decided against it. My parents live in VA but don't have the resources or space in their house to house me and my two children until I can get on my feet, get a place/find a job and my daughter goes to kindergarten this upcoming fall. His parents who live all the way across the country have offered for us to come live with them and that they would help with everything until I get a job or further my education. They are more well off than my parent and have been nothing but supportive throughout the whole matter. When I talked to a lawyer about moving at the end of the summer, she asked if I had filed for custody yet. I am not interested in child support through the state of VA. I also believe that when their father gets out of jail, he will not be able to get himself to a place where he will be able to file for custody. After they've lived in Oregon for six months, what's stopping me from filing for custody their?? I have been their primary care giver as well as the person who's had the most consistent employment with no criminal record. What is the problem with starting over somewhere new? It's not like I am trying to take them away from him, I'm moving in with his parents across the country. Is there anything preventing me from taking my children to Oregon after fulfilling my duty as a witness in the criminal trial?


Asked on 7/24/15, 10:35 am

1 Answer from Attorneys
Sean Hanover Hanover Law

Nothing. As long as you don�t have any order from VA, you are free to take the children and go wherever you like. Parental kidnapping is only a problem when there is a court order. However, you run the risk of him filing in VA BEFORE you have six months at your new location. Under the UCCJEA (Uniform Child Custody and Jurisdiction Enforcement Act), you have to live in your new location, with the children, for six months before the Court there may entertain a motion or hearing on custody. If he files in VA before that time, you will have to return to VA to fight the case. That could be very expensive. We currently have a client who did what you are proposing � she moved to PA. However, the spouse did file, she ignored it, and the spouse got a custody order in VA (in her absence). She is now facing FBI kidnapping charges. Be very careful. If you would like to discuss UCCJEA or other provisions of child custody in VA/DC/MD � give us a ring at 703-402-2723 or [email protected].

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Answered on 8/01/15, 3:28 pm


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