Legal Question in Family Law in Virginia
Moving 45 mins away within state w/ son
My ex and I have shared parenting (joint legal custody). My son is 7 and attends a private school so school district doesnt matter. I have mentioned moving 45 minutes away to another county not intending on changing anywith with my son like his school, etc. And my ex says if I move out of the county we live in now he will fight me for full custody. Is this possible?? We are talking about a 45 minute distant within the same state. My son doesnt even ride the bus to school ever, so he is driven to school. He says I would have to get my son up an hour earlier and he would be further from the extended family and that is not in my child's best interest. I think he is just being controlling. Please help!!
1 Answer from Attorneys
Re: Moving 45 mins away within state w/ son
You should refer to your Property Settlement Agreement(PSA)which has by now been incorporated into your final decree of divorce and review the provision under custody which likely will contain a provision related to what a parent must do who wishes to move with the subject child to some place else.
This provision will likely say something to the effect that you're required to give the other parent as well as the court at least 30 days
advance notice of your intent to move with the child to some other place.
It is this particular provision in your PSA which you must abide by during the course of any move which you may wish to undertake.
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