Legal Question in Family Law in Virginia

child custody -traveling or moving out of state

My daugther has primary custody of her 15 month old child. Father has visitation on the weekends, if she marries an active duty service mbr in the Army who is stationed in TX's. Can she move out of state? The father of the child is saying she is not allowed to move anywhere unless he gives his permission, which he stated he would never give.. Will this have to be handled by the courts to decide? Or can she move with out his permission. What if we decided to take a day trip to Maryland or Delaware, do we always have to ask for his permission to travel?


Asked on 12/07/08, 6:52 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: child custody -traveling or moving out of state

The mother very likely is required under the terms her custody order to give at least 30 days of advance notice to the court as well as to the father of any intent on her part to move out of the Commonwealth with the child.

The father then will be able to file a motion with the court to contest the proposed move and a hearing will undoubtedly be scheduled in the matter.

The court will then decide the issue based upon what it perceives to be in the best interests of the child after hearing the evidence and the arguments pro and con with respect to the mother's proposed move.

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Answered on 12/07/08, 11:22 pm


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