Legal Question in Family Law in Virginia
Remarried to a military mbr - wanting to relocate
I have sole custody of our child, and the father has resonable/liberal visitation. He rarely request visitation with our son. I've since remarried, and so has he. My husband is in the military, and there's a very strong possibility that we will have to relocate to a diffrent area in the near future. We are a family - will we have to give up custody when we have to relocate, b/c of my husband's job? Would I have to leave our son behind with my ex who doesn't care to know anything about him now? I would be willing to modify visitation with my ex eventhough as it stands now he doesn't visit anyway, but I don't want to modify custody. Please advise. Thank you.
1 Answer from Attorneys
Re: Remarried to a military mbr - wanting to relocate
If there already is an order for custody and visitation, then it undoubtedly includes a provision which requires you to give at least 30 days advanced notice regarding your proposed move to your former husband as well to the court having jurisdiction over the matter.
Then, if he so chooses, the court will schedule a hearing on the matter and a judge will rule
on the issue.