QUESTION

If a couple with children gets a divorce, is it legal for one of the parents to move out of town with the children without the other parent's consent?

Asked on Feb 12th, 2014 on Divorce - Virginia
More details to this question:
In the state of Virginia, if a couple, who have children, gets a divorce, and they have joint custody of the children, can one parent take the children and move out of town without the consent of the other parent?
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1 ANSWER

Family Law Attorney serving Tysons, VA
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If the court order does not state that the parents are prohibited from moving out of the area, then there is nothing legally preventing that.  However, it will almost certainly interfere with the other parent's custody or visitation schedule.  If there is a set schedule, then as soon as the children are unable to have that time with the other parent, then the parent who moved is going to be in contempt of court for violating the court ordered custody time or visitation.  This would also constitute a material change in circumstances that would give the other parent grounds to move for a change of custody. 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 Feb 12th, 2014 at 11:01 AM

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