Legal Question in Family Law in Virginia
My husband is filing for custody of his two sons. Their mother has custody of them now, with visitation every summer to my husband. We have them right now for the summer and have already filed the custody papers. The question is, do we have to take them back to their mother if we haven't gotten the court date before the end of the summer? Can we enroll them in school where we live? They are 15 and 16 and have chosen to stay if the court allows it.
1 Answer from Attorneys
Very tricky question. You should certainly discuss this matter with an attorney and without question you will need a lawyer to assist you in court with the change of custody. Generally, you must comply with the terms of a court order until it is modified. That obligation would continue while the modification is pending. The Court would likely be interested to hear your children's reasons for wanting to stay. Their preference is contemplated by the "best interests of the child statute" the court must consider in making a custody decision. Relocations are difficult because you must demonstrate that the move would be in the children's best interest and often the children have important ties to their location such as school, activities, friends, etc. Good luck.