Legal Question in Family Law in Virginia

Re: Can wife in unsafe situation flee the state?

I'm sorry to hear your sad news. In emergency situations you must do what is in the best interests of your children's safety and your own. If you can prove that it really is that bad when the court day eventually comes, you will be fine.

If you have given your husband every chance to become non-abiusive, and if he will not address his addictions and anger control issues, then yes, go to where it is safe. This isuue comes up often, when, as in perhaps your own case, wife follows husband to another state where she has no blood relatives or good friends. At the point of exhaustion, wife needs to live among her family, who, she knows will take care of her when husband has stopped trying.

The problem is of course jurisdiction. You may only file cases involving your children where they have lived for at least the last six months. Same rules for filing petitions for spousal support and divorce.

If there is no prior court order addressing custody of your children you may go without notice. When you go you can expect him to flip out and hire a lawyer and try to get the kids back to Virginia. There will be a hearing and you will need a Virginia lawyer to keep the kids wherever you are and that's when you have to prove your reasons for going.

You definitely should not sign any agreement that isn't prepared by a good attorney. I am quite sure you have never done one before and don't know what you're doing and you don't want to get it wrong. It's too important.

Good luck