Legal Question in Family Law in Virginia

Leaving State w/out Custody Established

I'm 19 yrs old & have a 15 mo. old son. His father is in jail and his name is NOT on the birth certificate. My son is currently at his paternal grandparents house and they are refusing to give him back to me. Is it legal for me to leave the state of Virginia to go to Georgia to be w/ my mother w/out getting arrested for kidnapping or any other charges?


Asked on 2/19/03, 12:47 am

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

Re: Leaving State w/out Custody Established

Yes, it is legal for you to leave Virginia with the child and go to Georgia, or wherever, as long

as your so doing does not violate any court orders.

The paternal grandparents must return the child to your care and custody.(This, of course, assumes that they have not been granted custody.)

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Answered on 2/19/03, 9:44 am


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