Legal Question in Family Law in Virginia
Am I able to get primary custody of the children and have permission granted for
My exhusband and I have shared legal custody of my 2 children. He is a Captain with United Airlines and is only home on an average of 10 days a month. Obviously this doesn't constitute 50% of the time with the children. I would like to file for full custody of the children with visitation rights for the father and want to move to Atlanta,Georgia to take a job and be closer to my parents. I haven't worked during the course of my marriage and have an opportunite for a good job down there, and would have the support and help from my family there. I have no family here in Virginia. Thank you for your assistance.
2 Answers from Attorneys
Re: Am I able to get primary custody of the children and have permission granted
Whether a Virginia Court would approve your request for full custody under the circumstances which you have described and to move the children many hundreds of miles away to another state without any evidence to contraindicate the continuance of the current custodial situation, and in the face of your ex-husband's presumed opposition, in my opinion would be very doubtful.
Re: Am I able to get primary custody of the children and have permission granted
Your posted story raises a number of questions but I am only going to address one part.
In Virginia a "custodial parent" is sometimes granted leave by the Court to move the primary residence of the child to another state. But this requires that the Court be pursuaded that there is a very strong ecomomic or other compelling reason for the proposed move.
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