QUESTION
I have joint legal custody and reside in Va. May I move to Ga without written permission from the child''s father?
Asked on Apr 30th, 2012 on Child Custody - Virginia
More details to this question:
I have discussed my intent verbally with my child''s father, and although he is unhappy about my decision and desire to relocate, he hasn''t made any attempts to prevent it. May I move without his written permission? If not, can I obtain his written permission directly from him, or will I need to file a petition with the county court?
2 ANSWERS
Family Formation Law Attorney serving Winchester, VA
at
The Law Office of Karen M. Holman, PLLC
Update Your Profile
Joint legal custody means parents share in both the joys and the burdens of raising their child as they share in the decision making processes related to where they live, in addition to health, education, religious training, recreational activities, and general well being. Important parental decisions affecting the child's growth and development should be made jointly wherever possible.
I suspect your current custody order requires written notification of a change of address. Although you've spoken to the father about it, he may still object to the move and, if you move without his written permission, he may petition the court to enjoin (prevent) your relocation with the child. If you've already moved, the court may order the child to be returned to the jurisdiction where litigation is pending. If contested, your move must provide an independent benefit to the child, and be in the child's best interests. Consideration is likely to be given to the level of involvement of the father, and whether the child will continue to have the same degree of interaction with him.
The above response has been provided for general guidance on matters of interest only and is not intended as a legal advice. No attorney-client relationship has been created between the reader of this response and The Law Office of Karen M. Holman, PLLC.
Answered on May 21st, 2012 at 1:40 PM
1 Award
If you have joint legal custody that means you need to obtain the other parent's consent before making any major decisions that affect the child. Moving to another state far away would definitely fall into this category. Presumably the father sees the child on a certain schedule or at times worked out between the two of you. If the custody and visitation schedule is pursuant to a court order, then removing the child from the immediate area would disrupt that schedule and thereby violate the court order. In that case, even if you obtain the father's consent, you also need to modify the court order to reflect the new agreement. If the court order is vague as to the actual schedule, then it might not be a violation of the order to move out of the area, but you should still obtain the father's consent. His consent does not necessarily have to be in writing, unless your court order requires that, but if it is not in writing he could dispute it later and you would have no way to show that he consented. If he won't consent, then your best course of action, like you said, is to file a petition with the court to obtain permission.
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 May 01st, 2012 at 3:02 PM