Legal Question in Family Law in Virginia

child custody and moving out of state

my wife and i have been seperated for 6 years now, she cheated on me which caused the seperation. i have the divorce papers but have not sighned them we have joint custody of our 11 year old son she just told me she was moving to hawaii and taking him with her what can i do to stop her? i dont want my son to move away from me i live in virginia.


Asked on 5/13/08, 4:15 pm

1 Answer from Attorneys

Robert Beard Attorney at Law

Re: child custody and moving out of state

The short answer is that you need to go to court to get an order prohibiting the child from moving out of Virginia. The judge will have to decide whether or not there is a good reason for the child to leave the state.

The long answer depends on where you are in the process, if you're in a court already, and which court you are in or not in.

Under the circumstances, you would do well to consult an attorney. If you don't have one, you should consider getting one.

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Answered on 5/13/08, 4:39 pm


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