Legal Question in Family Law in Virginia

we are a military family that lives in virginia. I have two children and my husband is gicing me 30 days to leave. But he threatens me about the whole kiddnapping thing. I have family in south carolina. Can I take my kids and go to south carolina and start the divorce there? without him trying to say I kidnapped our kids?


Asked on 6/21/10, 5:45 pm

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

In the absence of a currently valid court order prohibiting such a

move on your part (or at the very least requiring that you give the court

and your husband at least 30 days advance notice of your intended move),

you could move to Columbia or Myrtle Beach at any time and take the kids with you without fear of incurring a charge of kidnapping.

Furthermore, if you're now living in what's termed a marital home in Virginia,

your husband has no authority to order you out in 30 days absent a valid court

order awarding him the right to sole occupancy of this marital residence.

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Answered on 6/21/10, 9:05 pm


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