Legal Question in Family Law in Virginia
Relocation w/ Joint Custody
What are the chances I will be able to relocate if we end up going to court?
My husband and I have joint custody of our 6year old son. We are both remarried (he as of 12/03, me as of 2/02). My husband has been accepted into Law school in Texas. He has tried to get into school here in Virginia, but they are over crowded (applied the last 2 years and didn't get accepted because of wait list).
My son is much more comfortable with me (mother) and my house, there is no way we would go to Texas w/o him. My ex is having a hard time w/ the thought of not seeing our son for a long period of time.
We have joint custody, but our son comes home early to my house on the week my ex is supposed to have him (because my son misses me or my ex has something to do).
Currently our son is with each parent every other week. I work from home, so he also goes and comes home to my house before and after school.
My husband and I have a 5 month old son who my other son absolutely loves.
We thought it would lessen the blow to my ex by offering to come back to VA and live during the summers, since both my husband and I have our parents here. We plan to move back to VA after school (3yrs).
Thank you!
1 Answer from Attorneys
Re: Relocation w/ Joint Custody
You would be well advised to try and work something out with your former husband regarding
your joint custody arrangement with your son and avoid litigation, if at all possible.
A court is not likely to view favorably the prospect of depriving your son of his father's regular companionship merely to allow for your current husband to attend law school in Texas.
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