Legal Question in Family Law in Virginia

custody visitation

I have custody of my children. My ex lives about 40 miles south of us. He has every other weekend visitation thursday night - monday morning. We are both re-marrying. I am marrying someone and we cannot afford to buy a home in this area. We found a very nice affordable home about 60 miles west of where I live now, great community, schools, etc...same state. My ex is threatening a big costly legal battle (which he can MORE than afford) if I try to move any further than where I am at now. This is very typical of him- to be very controlling of me, and keep me under his watchful eye. However, Am I forced to live here and rent forever? What is the distance I am legally able to search? And if I moved to this location, it would certainly change his custody visitation schedule to every other friday night to sunday night, as the schedule he is doing now would be feasable. Is changing that complicated?


Asked on 5/14/07, 11:22 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: custody visitation

If you plan to move, your custody order likely requires you to provide 30 days advance notice of the move to

your former husaband as well as to the court. If your ex contests it, the court will then set the matter down for a hearing, receive evidence and then rule based upon what it perceives to be in the children's best interests.

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Answered on 5/14/07, 4:58 pm


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