temporarly and have decided to make Utah our home. My ex is now filing for emergency custody because he is claiming I am endangering my son by moving. Does he have any chance of getting emergency custody?
The issue of relocation is a real crapshoot. We have seen many cases where the judge will take the children away from the party that moves away and give them to the party who stays put and we have seen other cases where the judge lets the children go with the parent who moves away, even when the other parent was actively involved in their lives and had regular visitation. It is truly a case by case determination and depends largely on which judge you get and the facts of your particular case. If have been living with the child in Michigan, while the other parent remained here in Virginia, then I don't really see how your moving to Utah constitutes an emergency. But we would have to look at a lot more details of your situation to provide a better analysis and there is never any way of predicting with certainty what will happen in these cases. You need to work with an experienced family law attorney to develop the best presentation of your case to ensure your rights and the best interest of the child are protected.
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.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.