Legal Question in Family Law in Virginia
Want to leave state!! Help!
My friend lives in VA with her emotional and physically abusive husband. The abuse is random and they have tried counseling. She wants to take her children, one is his, and move back here with her family to Colorado for support, she is surrounded by his family in VA. Can she leave state with both children and file paper work in CO? They are not court involved.
2 Answers from Attorneys
Re: Want to leave state!! Help!
Dear Writer,
You have raised not one but many questions.
You (your �friend�) may be in need of a divorce. If you take that route the divorce court will take over the minor child matters including an award of custody to one or both parents. After custody is awarded, you would need a very convincing reason move away with the minor. The cases which I am aware of which grant such requests have dealt with economic reasons for removing a minor child from its home state.
This is intended to be a kind of preliminary answer and I realize it is not a comprehensive one. It looks like you need a serious direct consultation with an attorney who deals a lot in custody matters.
Re: Want to leave state!! Help!
Your friend may leave the Commonwealth with her children and take them to Colorado or wherever,
as long as she's not violating any court orders that would prohibit such action.
However, whether she would be allowed to keep the
children with her in Colorado for the long term is another matter, once her husband discovers their whereabouts and litigation ensues.
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