Legal Question in Family Law in Virginia
My previous question was not answered fully. My son has joint custody of his daughter. The child lives with the mother (they were never married) In the custody papers it says the custodial parent must give the non-custodial parent 30-day written notice of an address change. My question is will the mother be able to move the child out of state as long as she gives him 30-day notice. Does the mother not need permission from the father to move his daughter out of state or even in-state but so far where it may be difficult for him to see her? What rights will he have if he does not want his child moved out of state?
3 Answers from Attorneys
The mother must give the father as well as the court 30 days advance notice
of her intended move during which the father must request a hearing on the matter in order to oppose it. (The mother will not be able to make the move unless the court has ruled in her favor on the matter at the end of the scheduled hearing.)
Note that if the father does not move to the court to oppose the move, she can move, at least until the court has a hearing and decides that she should not have done so. The whole idea of the 30 day notice requirement is to give the father a chance to object.
The custodial parent who leaves must give 30 days notice. Your son may challenge in court if he does not agree. They can battle out in court. It will be up to the judge. Sheryl Shane, Attorney at Law. Web: www.sherylshanelaw.com. Tel. 703 503 4448.
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