Legal Question in Family Law in Virginia

Re: Custody Laws From State To State

Virginia has the same divorce laws as most states. Being a Commonwealth has no legal distinction at all. Old wive's tale.

You and he have full custody of your son until a Court takes it away or limits it. You can go anywhere in the world with him. Realize that the father also has the right to come to wherever you are and try to take him back. Police will not assist him taking the child from you but other people have no such protection.

Also, without a marital fault ground for leaving, and without an Agreement to separate, you are commiting desertion and may leave yourself liable for a marital fault. Whether you have fault grounds for leaving or whether your desertion matters a great deal is a matter to discuss with your attorney after he knows all of the facts.

Divorce and custody need to be handled right. Hire the best lawyer you can

Good Luck.