Legal Question in Family Law in Virginia

Issue of child custody without signed legal seperation papers.

If I leave the state of virginia and move to another state with my child without a signed legal seperation agreement can I be charged with kidnapping? The spouse would know where the child would be living-- with it's maternal grandparents and mother. I would be setting up residence in another state away from the father.


Asked on 4/19/04, 5:47 pm

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

Re: Issue of child custody without signed legal seperation papers.

As long as you're the lawful custodial parent of the children and there are no current orders or pending court matters which would prohibit such a move on your part, you are free to take them any where you see fit and can do so without fear of being charged with "childnapping".

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Answered on 4/19/04, 8:06 pm


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