Legal Question in Family Law in Virginia
Custody issues with ex moving to another state
My ex-husband and I recently came to a custody agreement and we have joint custody with them living with their father. He moved with them to Florida at the beginning of the custody battle with them to be closer to his family and because he said that it was what was best for the kids. Now he is trying to move again to Ohio, it has barely been a year since the first move, because he said that he can advance in his job. He did not consult with me on this and has been arranging the whole thing behind my back. My kids were doing great in school while they were in Florida and do not want to move. Is is legal for him to do this without consulting me? It states in our contract that he must inform me of moving within 30 days of doing so, but I thought it meant in regard to changing residences within the same state. What can I do?
1 Answer from Attorneys
Re: Custody issues with ex moving to another state
Under Virginia law a custodial parent can move with the children, even to another state, unless there is an agreement or court order stating that this is not permitted. The only requirement under the law is the 30-day notice requirement you referenced in your email. However, the other parent can always file a Petition with the Court to attempt to stop the move or change the custody arrangement based upon a change in circumstances.
Usually one of the stronger arguments to stop an out-of-state move is that the child will not be close enough to the other parent for there to be regular visitation. Unfortunately, because your ex-husband and the kids already live in Florida and you live in Virginia this argument will not be as strong for you. You may still have a chance at winning on an argument that moves so close together and to an area where there is no family support is not in the children's best interests. Ultimately, whether the court deems the move to be in the children's best interests will control.
Was your custody agreement ever incorporated into a court order (i.e. a Final Decree of Divorce)? If so, was it an order of a Virginia Court? Are the divorce proceedings completed? These issues may impact what state has jurisdiciton to determine issues regarding custody. If you file a Petition in Virginia your ex-husband may attempt to change the jurisdiction to Florida or Ohio (wherever he is residing with the kids at the time) so be prepared for that possibility.
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