Legal Question in Family Law in Virginia

Custody & Moving Out of State

I have custody of my 15 & 13 year old daughters. They see Dad once in a while. He is about 20 mintutes away. They don't like to go to his place because he lives in a room above someone's garage and does nothing with them. I may be getting married and moving to Georgia. Can I legally take them with me? What if they won't or dont want to go? Can he seek custody? He does pay child support regularly, but that is it. Are they old enough to choose who to stay with? What are my options? Thanks

Asked on 3/20/02, 10:27 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody & Moving Out of State

You can take your children to Georgia unless there's a court order directly or impliedly for-

bidding it. Example: If the order provides for the father's reasonable visitation, by taking the children to Georgia the father could reasonably argue that you are interfering with his right of reasonable visitation and are ,therefore, in violation of the order.

Both of your children are old enough to have their preferences considered by a court in determining whether they should reside with you or their father.

You would be well advised to consult with a lawyer before embarking on any unilateral action.

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Answered on 3/20/02, 4:18 pm

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