Legal Question in Family Law in Virginia

Taking the children out of state

My ex has custody of our children, in Virginia, if he takes them out of state, shouldn't he have to notify me? Even if it is only for the weekend. Because he doesn't answer my phone calls to the kids all of the time and I was unable to get ahold of them for a week.


Asked on 11/13/06, 3:59 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Taking the children out of state

It is of course common courtesy for the custodial parent, who is ultimately responsible for the children's safety and welfare to have information about the location and contact numbers of her children at all times. He can take them where he likes within his time period unless he is resticted by Court Order. I don't think a call a day is necessary if they're over 8 but a call that they got wherever they're going and one in the middle isn't too overbearing. Should he have to tell you? If it's not in a Court order he doesn't have to but the fact that he isn't that considerate of your responsibilities is evidence that would prompt a judge to make such a ruling if you brought the issue to Court - and you can - if you like. Alot of times people have to legislate the little stuff when two people can't get along. And not to be too judgmental - it takes two to mess up communication. Enough said.

Good luck.

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Answered on 11/13/06, 9:33 pm


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