Legal Question in Family Law in Virginia

My daughter has 2 children and is not married. She lives with the father in Harrisonburg, VA and is not happy in the situation... Wants to move back to Richmond, VA where her family is. Does she authomatically have sole custody (since they aren't married) and can she move to Richmond without his permission. She would have to file for child support, of course... Anything else.


Asked on 9/20/10, 8:32 am

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

Yes, absent a valid court order prohibiting such a move without

her providing at least 30 days advance notice to the court and the father, your

daughter can move anywhere she pleases at any time and take the children

with her.

Furthermore, as the natural parent of these children, she is presumed

by law to have full custody rights until her status is challenged by

the presumably putative father and a court of proper jurisdiction decides otherwise.

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Answered on 9/25/10, 9:01 am


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