Legal Question in Family Law in Virginia

Re: sad dad

You have the right to ask a Juvenile and Domestic Relations District Court to set custody and visitation arrangements for your kids. If she is awarded custody, either by the Court or with your agreement put in the form of an order of the Court, any attempt to move the children after such an order is in place will give you the right to petition for custody on the grounds that moving the children away from their father is not in their best interests.

None of this requires that you file for divorce, though the same kinds of custody and visitation arrangements could be set by the Circuit Court in a divorce action.

Re: sad dad

She cannot move the children at all without your permission if you file a "motion to prevent the removal of the children from the commonwealth of Virginia". You will have a hearing that will determine whether she can leave. She will have the burden to show why it is in the kids best interest to leave.

You also don't have to abide by her requirement that you only see the kids at the marital home. You should hire an attorney to educate her on the law and your rights. If she won't cooperate you may have to file a motion in court for court ordered visitation that won't take place in the marital home.

Visit my website at www.easy-divorce.net for more information on the law or email me at [email protected].