Legal Question in Family Law in Virginia

child custody

my ex wife wants to move out of state with my 14 yr. old son, we have joint custody. she says because he lives with her, I have no say and she's leaving in july. She will be living with her parents and has moved around a bit, and has problems keeping a job, has even been on disability for over 1 yr. I have had the same job for 4 yrs. and been living in the same place for 3 yrs. never been un-employed or on disability. what can I do to stop her from leaving with my son? I live in Va. she lives in Pa. and wants to move to Tenn.


Asked on 5/25/09, 8:48 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: child custody

If the joint custody order was entered in Virginia, your ex-wife has a duty to inform you of her intent to move, and the reason that provision is in the Virginia statutes is to permit you to petition the court for a change of custody. The standard in Virginia for changing custody is, "What is in the best interests of the child."

If the custody order was in another state, that state is the forum for this case.

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Answered on 5/26/09, 10:14 am


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