Legal Question in Family Law in Virginia

I have a court order in Virginia that states I have joint custody with my two children. I am not the custodial parent, however, I have custody on the holidays of odd numbered years. The kids live in Maryland and I live in Virginia, so there is nothing in the court order that says anything about crossing state lines with the kids. I am planning on taking them to California with me this holiday season and their mother has told me no. Does she have the right? If not, what do I need to do if anything?


Asked on 10/30/09, 5:17 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If you share joint legal custody with the mother, then you have as much right as to decide where you will travel with your children during the time that they are scheduled to be with you (as she does when they are with her).

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Answered on 11/04/09, 5:59 pm


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