Legal Question in Family Law in Virginia

Can the custodial parent of a child move out of state with the permission of the non-custodal parent. My son has Legal Joint Custody of his daughter. My son lives in Alexandria, Virginia (Fairfax County) and has joint custody of his daughter he had with his ex-girlfriend. He took his ex to court to obtain joint custody, have his name on birth certificate (DNA results proves he is the father), and enter visitations. He has always paid Child Support and provides her with all her needs. The mother only agreed to allow him to see her every other weekend from Friday 6pm until Sunday 1pm. Plus Fatrher's day (10am - 6pm) and X-mas Eve (10am - 6pm). She sometimes makes it difficult for him to see her outside of his visitation. He is worried that she may take his daughter and leave the state without his permission to follow her new boyfriend. Is this legal in the state of virginia to leave without his permission??? Please help....

Asked on 8/03/10, 1:50 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Your son's joint custody order should reference a requirement that a parent

desiring to move from Virginia and take the subject child with him or her must

give the other parent as well as the court that isuued the order at least 30 days of advance notice of such an intended move.

However, if there is no reference to such a provision in the joint custody order,

then your son should have a motion filed with the court to have the order amended to include one.

Answered on 8/08/10, 2:41 pm

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