Legal Question in Family Law in Virginia

Moving children

My ex and I split up about 11 months ago, she immediately took the kids to VA when we were living in FL and our oldest was attending school here, we also had our house here. Once she had relocated she refused to let me see the children with the exception of 2 times when she had to be there. I continued to pay her $1200 a month, half my check, for 8 months and eventually said I wouldn't continue to pay until I could see my kids. She took me to court and also works for them.I am now obligated, temporarilly to pay 50% of my earnings and still am unable to see my children. Did she have the right to move them in the first place? Is there anything I can do? I want what is best for our children but she pulled them from my life at the age of10 and 4....please help, what can I do????


Asked on 1/09/07, 1:59 am

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

Re: Moving children

Child support and visitation are recognized in virtually all U.S. jurisdictions as separate issues and the viability or relevance of one is in no way conditioned upon or related to the other.

If there was no court order prohibiting the mother from removing the children from Florida, then she was free to do so, although there likely was a requirement that she provide you with at least 30 days advance notice before doing so.

If the children have lived continuously in Virginia for at least six moths, then Virginia would now have jurisdiction to decide what order of visitation would be appropriate for you in this case and you will need to secure such from an appropriate court in the Commonwealth.

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Answered on 1/09/07, 9:30 am


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