Legal Question in Family Law in Virginia

Custodial Parent taking Daughter to another state

Parents have shared custody of 7 year old Daughter. Mother is the custodial parent. Both mother and Daughter have lived in the non-custodial father's home for the past 6 years in VA. Mother left VA under false pretense, told Father she would be in FL only 90 days to help her parent. She now may not come back. Custody was decided here in VA. Parents were never married. Can the mother move to another state without the Father approving it, and without notifying the court that gave shared custody? Father wants custody reversed to him being the custodial parent. Mother cannot provide the stability and home that the father can. She lives with relatives or friends.


Asked on 3/10/09, 11:13 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custodial Parent taking Daughter to another state

If there is a valid custody order in place, the mother is likely required to give 30 days advance notice to both the father and the Virginia court which has jurisdiction over the matter in regard to

any plans on her part to remove herself and the subject child from the Commonwealth and to take up residence elsewhere.

Failure to comply with this requirement could subject her to a possible finding of contempt and

the imposition of appropriate sanctions by this court.

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Answered on 3/10/09, 11:45 pm


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