Legal Question in Family Law in Virginia

Relocation

I have physical custody of my daughter and I share joint legal. My only famiy out here, who is my mother and step father who also have been a HUGE!! part of my daughters life is moving out of state. It is stated in the court order that physical custody will never be changed unless I do try to move out of state. If I take it to court to move to another state, and I am denied, can the father fight for physical custody of her? And if he can, do you think that he will have a chance. I will not leave my daughter out here. She is 2 and she sees her father every other weekend Thursday night thru Monday night, but he doesn't even keep her the whole time most of the time. I am keeping a log. I am more than willing to work out a schedule to where he will not lose much time with her. That is not my intentions. I will work with him, but ALL my family will be out there and I can't make it on my own. My mother has always, from day one, watched Brooke. I can't afford daycare. I will have a house, a job and family to be there for us. If my parents leave, I won't have anything. Do you believe I have a good case as well. I appreciate all your help on these 2 questions I have. I'm scared to death of losing her and don't want to risk


Asked on 7/17/07, 11:09 am

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

Re: Relocation

Yes, removing the child from Virginia and access to her father would be a material change in circumstances which the court would be required to address,

but whether such a change would warrant giving the father physical custody of the child would seem undeterminable at this time based upon the few relevant facts which you've provided.

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Answered on 7/18/07, 11:20 am


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