Legal Question in Family Law in Virginia
wanting to take child out of state to live and file for dicorce in that state
i have a friend in a bad marriage that wants to move out of state and file for divorce and custody in the state they want to move to but doesnt want to do anything to risk losing the child.can you give me any info on the subject and what the other parent can do to prevent the move? any help would be appreciated,thank you
2 Answers from Attorneys
Re: wanting to take child out of state to live and file for dicorce in that stat
As long as there are no court orders prohibiting
it, your friend can take her/his child(ren) any place the parent chooses. The other parent is ,also, free to initiate whatever actions he or she wants in state court to secure his or her parental rights. The various courts will sort out which one has jurisdiction to decide which parent should have custody, visitation, pay child support, etc.
Re: wanting to take child out of state to live and file for dicorce in that stat
Who now has custody and how did they obtain it?
Is the current custody joint, split or shared?
Is cusody covered in any formal agreemeent?
In what state is the child's CURRENT residence/domocile?
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