Legal Question in Family Law in Virginia

My ex-wife and I agreed to shared custody in our divorce decree. I have the kids 4 days a week and she have them 3 days a week. We live in the state of Virginia (Prince William County). prior to our divorce decree and child custody agreement, I was awarded Temporary Full custody of kids in Stafford County for about 10 months because mother went against Judge order and kept the kids from me for more than 30 days when she had full custody and there were other things presented that made the mother a threat toward the kids at that time.

Know the mother is talking about moving back to Florida and she's taking the kids when school year ends. I informed her that I don't agree and that I have kids more days a week than she do and it's best for the kids to live in Florida. Plus I provide everything for kids financially and I pay my ex $1000 a month ($800 for support and $200 for child support...that's the way her attorney and my ex wanted it written up in the Divorce Decree...I didn't agree but my attorney said it didn't matter).

Can she move back to Florida and take the kids without my permission and we currently have shared custody and me having them 4 days a week compared to her 3 days a week?

Is there something I can file prior to her taking the kids back to Florida?

Thanks,

Melvin Thompson


Asked on 4/01/11, 8:02 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Why, of course; have a motion filed with the court currently having jurisdiction

over the matter in opposition to this move which would necessarily abrogate the current order for shared custody and expose the mother to

a possible charge of contempt of court.

Why your claim that "it's best for the kids to live in Florida"?

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Answered on 4/01/11, 9:04 am
sheryl shane sheryl shane, attorney at law

Does the prior court order state that written notice must be given to the court and other party prior to relocation? It should if fairly recent. If so, you can file a motion against her. If there was no statement as such in divorce decree settlement, that I would file motion to modify prior order and include that statement.

Also look to different tax issues regarding paying support to ex-wife v. child support. Good luck. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.

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Answered on 4/04/11, 5:45 am


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