Legal Question in Family Law in Virginia
Moving back to state with custody papers
I was never married to my childrens father when we broke up I moved to NC. We lived there for 5 years. While there I was in a relationship with another person. When the relationship ended, I moved back to va for the kids to be closer to their father (he lives here) Now I am getting married and want to move back to NC. Can he stop me from moving? We have been in Va for 2 years. In NC we have papers stating I am primary Custodian and he has visitation rights.
1 Answer from Attorneys
Re: Moving back to state with custody papers
If the children having been residing continuously in Virginia for the past two years, then the Commonwealth would now have jurisdiction to address the issues of custody and visitation, and, if your husband were to file suit in the J&DRDC to challenge the current status of these issues, you would likely have to remain in the Commonwealth until they were resolved.
(Of course, if you move now without waiting for your husband to file such an opposition in a Virginia court, then your current North Carolina order would most likely continue to remain in effect.)
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