QUESTION
Can I move out of state with my child if there is a child support order established but no child custody order on file without penalty?
Asked on Dec 29th, 2011 on Child Custody - Virginia
More details to this question:
We currently share custody. I have been out of a job for two years and we have been separated for one (will be divorced in a couple of months). I feel it is in our child''s and my best interest to move in with my parents (they live in PA, 400 miles away), in order to help get back on my feet, thereby allowing my soon to be ex-husband to recuperate financially too. It''s a big house, room, backyard, etc., in a good neighborhood, there would be a huge support system of family (neither he nor I have any family in our present town and our/his friends aren''t very reliable), and would thrive.
I am presently on public assistance and live in public housing. I have offered to drive down one weekend a month for my ex to have a weekend''s worth of visitation with our son, in addition to other extended periods of visitation throughout the year.
There is a child support order in place (he pays me), it was calculated based on having ''joint custody'' though there is no official custody order on file.
1 ANSWER
1 Award
If there is no existing custody order, then there is nothing legally preventing you from moving out of the area. However, if you have established a routine schedule with the other parent, then any disruption to that status quo could give rise to an emergency motion for custody. Whether or not you will prevail depends on the best interest of the children. You have to make the determination of what is best for your kids and always let that be your guide. Just be prepared to defend your position. It would probably be best to file a petition for custody at the same time. The worst case scenario is that you are ordered to return the children to Virginia.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Dec 30th, 2011 at 6:49 PM