Legal Question in Family Law in Virginia

Out of state relocation while in custody

I live in S. Carolina and my brother lives in Virginia. He is only 17 years old and has expressed interest in living with me to further pursue his education. However, he is currently under my Grandmother's custody. What all would we need to do to make his out of state move legal.


Asked on 4/17/08, 10:44 pm

2 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Out of state relocation while in custody

If everyone (grandmother, parents, and you) are in agreement, then a custody agreement can be executed and approved by the Court to accomplish what you want.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/17/08, 11:06 pm
Robert Beard Attorney at Law

Re: Out of state relocation while in custody

If, however, there is disagreement, and your grandmother does not agree, you would need to file a custody petition in the county or city in which your brother lives, and a hearing would need to be held. Depending on the circumstances, an interstate home study might need to be ordered.

Good luck.

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Answered on 4/17/08, 11:43 pm


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