Legal Question in Family Law in Virginia

I have attempted to discuss with my spouse a parenting plan for our two girls. We have both agreed that the marriage is over have been living in the same house but separated within the house because neither one whated to leave. I have found an townhouse and have partially moved in. My husband has stated he would not site me with abandonment however I don't know what the legality is. I have legal council and filed my desperation papers over a month ago but have not received anything from my lawyer. I would like to fully move into the townhouse with my children and follow a parenting plan. My question is will this still be considered abandoned if I leave.

Asked on 8/17/13, 8:20 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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No, in my opinion such a move on your part where you remain in the area and allow the father visitation with his children would not constitute grounds for abandonment under Virginia law. However, if you've hired counsel to represent you in these various matters, this is the type of question which you should be addressing to him or her for an answer.

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Answered on 8/17/13, 10:53 am

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