Legal Question in Family Law in Virginia
Legal Way to Leave State
long story very short. been married a few years with 2 young children. i have been verbally and physically abused since the beginning. i finally am getting the courage to get out of this relationship. i want to move far away and start over. i have not yet filed for divorce. i have no doubt i will get primary custody, but what are the chances the courts will allow me to leave the state with the children? is there any reason that i could not move across country and then file when i get residency there? can i be arrested? is this kidnapping? i fear for my life.
1 Answer from Attorneys
Re: Legal Way to Leave State
It's not kidnapping to leave, so long as you are not violating a written agreement or court order. VA retains jurisdiction over custody for six months from the date of departure. In other words, you cannot litigate in the new home until you have been there six months, so think about how expensive it will be to keep flying back to VA for hearings.
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