Legal Question in Family Law in Virginia
Child Custody
Hello,
I am divorced and have been for over a year. My wife and I have a 5 year old. I only have visitation because during the divorce I didn't want to fight and have to be in and out of court. My EX and I are on good terms, but she is now seriously involved in another relationship and they guy lives in California. I dont think my EX would do this, but I have concerns she will pick up and leave with my Son and head for California and that is something I cannot allow. Her and I never had to step foot in a courtroom, but I want ''Joint'' Custody or something in writing where she cannot take my Son and move to another state. I want her and I to keep a civil relationship, but my Son's well-being is more important to me.
1 Answer from Attorneys
Re: Child Custody
There was almost certainly language in your final decree of divorce that requires the mother to inform you at least 30 days in advance of her intent to move. That is designed to give you time to apply to the court to change custody so as to preserve your visitation rights.