Legal Question in Family Law in Virginia
Can a mother decide to leave her husband, not yet a divorce, and take a child under 18 with her without the consent of the child?
Asked on 12/13/11, 8:01 pm
3 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
The consent or opposition of the child to the move would be irrelevant.
Answered on 12/13/11, 9:12 pm
Paul B. Ward
Law Offices of Paul B. Ward
As a practical matter, it's pretty difficult to keep a child over 15 or so without their consent. That being the case, courts often want to hear from the child about his or her wishes.
Answered on 12/14/11, 8:07 am
Michael Hendrickson
Law Office Michael E. Hendrickson
The consent or opposition of the child would be irrelevant to the legal issue
as to whether the mother could take the child as proposed (absent a valid court
order stating otherwise).
Answered on 12/15/11, 6:45 am