Legal Question in Family Law in Virginia

help

me and my husband have joint physical custody in va my son and I are moving to TN to get away from my abusive husband I would like to know what rights does he have for visitation with my son being out of state? Also is it possible for a Judge to give custody to a married couple who weren't seperated or divorced?


Asked on 1/21/08, 1:02 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: help

If you move with the child to another state, your husband will most likely continue to have the same rights as he now has under the current joint custody order until that particular order is either modified or superceded by another court's order.

Be that as it may, however, before you undertake any such move you will need to conmply with the 30 day advance notice requirement which is undoubtedly part of your joint custody order whereby you must notify your husband as well as the court of your intended move with the subject child to another state which is intended to give him the opportunity to be heard on the issue before the court as to whether you should be permitted to make this particular move and for the court to decide whether it would be in the child's best interests.

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Answered on 1/21/08, 2:15 pm


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