QUESTION

Custody and Relocating?

Asked on Jan 08th, 2013 on Family Law - Virginia
More details to this question:
If I have physical custody of my children but me can I move my my children out of state? My ex and I have joint legal together.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Whether or not you can move out of state with your children depends on exactly what your custody order says.  If it does not prevent you from moving, then you may be able to do so.  But if the move will interfere with the other parent's time with the children, then that will almost certainly put you in violation of the court order.  In that case, you would have to move for a modification of the existing order or risk that the other parent will ask the court for a change of custody to them.  How this comes out will usually depend on how involved the other parent is with the children and how much visitation time they have.  Relocation cases are extremely difficult. 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.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Jan 10th, 2013 at 3:26 PM

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