Legal Question in Family Law in Virginia

My ex-wife is trying to leave the state with my daughter, permanently.. Can I s

I have been legally divorced for five years. I have a six year old daughter. My ex-wife is engaged to be married and her fiance' just quit his job and is planning on moving them all to minnessota. My divorce up to this point has been very amicable. No problems. It was a divorce based on no-fault. I see my daughter weekly. We are very close and i do not wish for this type of distance between us. Is there anything that i can do to prevent my ex from doing this. how would i attempt ro get custody of my daughter? I am at wits end and i need some sage advice..


Asked on 6/21/04, 9:17 pm

2 Answers from Attorneys
Patrick Stiehm Stiehm Law Office

Re: My ex-wife is trying to leave the state with my daughter, permanently.. Can

I agree with most of the first response you got even to the point fo repeating that you should not try to handle this yourself. Get an attorney. In addition to the relief suggested in the first answer, I have been involved in litigating this type of case where the party seeking to prevent the child's move has sought to an injunction vis-a-vis that move. I think you want to at least consider that possiblity, with your attorney.

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Answered on 6/22/04, 9:07 am
Tommy Smith Law Offices of Tom C. Smith

Re: My ex-wife is trying to leave the state with my daughter, permanently.. Can

Consult with an attorney immediately.

If your divorce was granted in VA, there should be a provision in your Decree referring everything to the JDRD Court in the ciy/county you were divorced in. There should also be a provision in the Decree requiring you and your spoiuse to give the other and the court 30 days written notice of intent to move.

These provisions allow you time to file a petition to have your custody changed or visitation significantly modified upon notice that the other party intends to move.

DO NOT DO THIS BY YOURSELF... consult an attorney in your area immediately.

www.tomcsmith.com

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Answered on 6/21/04, 9:29 pm


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