Legal Question in Family Law in West Virginia

Moving Children Out Of State

My brother's wife left him and took the children and moved out of state 10 hours away. She did not do this to better the children, to get to the point she moved there and into a home with another man. She is not working so she didn't move for a job. I know adultery is hard to prove, my question is: Is she aloud to up and move out of state with his children, what is WV state Law on this? He has not seen his children for over 3 months.

Asked on 9/15/99, 9:31 am

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Moving Children Out Of State

First, I practice in Montana, so my state law might be different from WV. Advise your brother to see a local attorney.

In Montana, if a court has not adjudicated custody, then both parents have 100% right to physical custody of the child. Three months ago would have been the best time to petition the court to prevent mom from taking the kids out of state. Now that they're in school, the court might let them stay there for the school year. But it's never too late to petition the court to establish what Montana calls "shared parenting." Consult an attorney, tell him/her that you want to establish custody or a parenting plan, whatever WV calls it. You might want a Guardian ad Litem appointed to advocate for the children's best interest and to investigate this fellow who is now acting as their father.

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Answered on 9/16/99, 9:47 pm

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