Legal Question in Family Law in Virginia
Can my husband force the kids to stay with him
I'm in an emotionally abusive and controlling marriage. I want and need to move back home out of state but only with my kids. My husband feels they should stay with him stating he can keep them in a better home environment. I disagree. Is there any way he can force the kids to stay with him?
3 Answers from Attorneys
Re: Can my husband force the kids to stay with him
If he files a petition for custody in court and the court rules in his favor, then yes, he can force them according to the court order, but without a court order both of you have equal right to have the children until you enter into an agreement or the court gives you a court order.
Re: Can my husband force the kids to stay with him
More info is needed. Are you separating with the intent to get a divorce? My initial reaction is to take the kids and then file for custody in Virginia, since Virginia will have jurisdiction. The new state will then enforce the Virginia order.
Re: Can my husband force the kids to stay with him
It is difficult to say with the limited facts that you have provided. Please contact one of our family law attorneys to further assist you at 703-777-7319. Thank you for contacting us and we looking forward to hearing from you very soon.
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