Virginia  |  Family Law

Legal Question

Asked on: 9/10/13, 11:35 am

can i leave the state of va with a child and not tell my husband and file for divorce in ga , can i get in trouble or can he take the child back?

1 Answer

Answered on: 9/10/13, 12:00 pm by Michael E. Hendrickson

Would seem to depend upon whether there now is a valid court order

in place that would require you to provide your husband as

well as the court with a minimum of 30 days advance notice of your

planned departure date from the Commonwealth.

And, furthermore, even in the absence of such an order, if your child has been in residence in Virginia for at least six months prior to such a move, your husband could likely still file his petition with the local J&DR;Court for custody/visitation which would require you to respond to it to avoid a default award of custody/visitation to him.

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