Legal Question in Family Law in Virginia
threatening
my wife left me 9 mo's ago, we are still married and have a child 2 yrs old. she has filed physical custody and wants to move to texas. I have our child now, but my wife threaten me with physical harm. She also threatens to leave the State of Virginia. I dont want to take my daughter back to her now im scared she will move asap w/out me knowing.Do I have the right to keep my child untill the custody case is heard. Need advice ASAP Thanks from Virginia
2 Answers from Attorneys
Re: threatening
Right now, in the absence of a valid court order establishing otherwise,
both you and your wife, as the child's natural parents, have equal rights with respect to taking custody of the child. Your rights with respect to the custody issue are neither superior nor inferior to hers and vice versa.
Re: threatening
You need to get an immediate order awarding you physical custody, and thereafter take all necessary precautions to prevent kidnapping (including notifying the police of your spouse's actions). Once you have the order you will be able to enforce it. Also, if you have an order awarding you physical custody and she goes to TX with the child over your objections she has then committed kidnapping.
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