Legal Question in Family Law in Virginia

My 11 year old son had been living with me for the past 4 years, he wanted to try living with his mother this year and has been with her a few months. His mother told him if he did not like it with her he could come back home to me. My son just told his mother he wants to come back home with me, she told him he has to stay with her until he is 18. What are my legal rights and can I just go pick him up and bring him home, I want to do this legally, please help.

Asked on 9/28/11, 6:14 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Absent a valid court order governing this matter, either parent can legally

claim custody of this boy, but if no agreement can be reached between them

regarding the issue(s) involved, then one of the parents needs to petition the appropriate court to decide for them (based upon the best interests of the child).

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Answered on 9/28/11, 8:20 am

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