Legal Question in Family Law in Virginia

I am the father and my children want to move out of state with me. Can I do this?

We are still married and there is no custody order or seperation agreement. We live in VA and have to move to GA and the children want to go with me, the father. The children are 11 and 12. She has not filed for custody but I did several months ago. There has been no hearing yet so I want to know if I will get into legal trouble for kidnapping if they go with me. Again, the children are adament about going with me. Their mother has pending domestic violence charges and they are afraid of her.


Asked on 4/09/11, 9:05 am

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

Absent a valid court order requiring you to give at least 30

days advance notice to the court and to the mother of your intended move,

there should be nothing to prevent it under the circumstances described.

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Answered on 4/09/11, 9:09 am


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