Legal Question in Family Law in Virginia

Moving out taking child

Can my husbadn charge me with abduction if I leave the marital home with our child? I am moving out to be seoarated for one year. He doesn't know that I am moving out. I was advise dby my lawyer to write up an agreement to have him sign thta states visitation, communication, and marital property. My husband is a manupulator, and he will prob refuse to sign agreement. So my lawyer advise me to give him a letter which states that I am moving out but I am not abandoning him, he can see his child alternate weekends and everyday after work. should I file for temporary custody of my child? He is cspabale of doing spiteful things, since he is unaware that I am moving out with our child.


Asked on 11/20/08, 11:06 am

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

Re: Moving out taking child

Your attorney's advice would appear to have merit regarding the letter if your husband refuses to agree to a formal Property Settlement Agreement(PSA).

I see no point in your merely filing for custody unless its part of a complaint filed in the circuit court for temporary child support (and, perhaps, alimony if you need it) and to establish a visitation schedule, with a view to eventually having all of these matters incorporated into a final decree of divorce.

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Answered on 11/20/08, 6:03 pm


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