Legal Question in Family Law in Virginia
wondering how to move my girlfriend here to nyc with her kids legaly
my girlfirend lives in virgina she wants to move to nyc with me. i was wondering how can she go about it .can she just move here or does she has to go to court in virgina to move near me. the kids has a father who sees them every other week,,me and my girlfriend is willing to let the kids see him when ever he wants to,,,the thing is she wants to move her to nyc with her kids i just want to know if its posible?
2 Answers from Attorneys
Re: wondering how to move my girlfriend here to nyc with her kids legaly
If the children have been in VA for more than 6 months, then Virginia is THEIR home state and Virginia courts would have jurisdiction. You do not mention several details, such as married? divorced? never married?
Are there any existing court orders, etc.?
In the abscence of these facts, suggest she consult with local counsel in VA. Of course, she could always consider negotiating with the father.
Re: wondering how to move my girlfriend here to nyc with her kids legaly
Does the father have a court order granting him visitation? If so then she will need to petition the court for a change in custody and visitation to allow her to move. If there is no court order she can move without his permission or the court's permission, however, do keep in mind that if she does move he could file for a hearing in VA to ask the court to prevent her from moving. If he doesn't file within 6 months of her moving to NY then he would have to file in NY courts for visitation because once the children live in NY for 6 months then the NY courts have jurisdiction over VA.
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