Legal Question in Family Law in Virginia
child custody
can a spouse stop another from moving and taking a child out of state to live?
Asked on 7/30/07, 10:25 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: child custody
If there's an existing court order, the
custodial parent will normally be required to give 30 days advance notice of the proposed move to both the court and the other parent who can then request a court hearing on the matter.
If there is no existing court order, there is nothing to stop the custodial parent from moving and taking the child to another state absent a temporary injunction awarded the non-custodial parent by a court of proper jurisdiction which would then take up the matter in a scheduled hearing.
Answered on 7/30/07, 10:59 am