QUESTION
My wife moved my Daughter to AZ from NC 6 months ago without my consent, after their move I relocated to VA. Is there anything I can do?
Asked on Dec 12th, 2011 on Family Law - Virginia
More details to this question:
My wife and I were married in WA state, I was promoted by my company and relocated to NC in 2006. My Daughter was born in NC in 2008. We separated the first time in April 2010 and my wife moved to AZ and then WA state without my consent. she came back on August 2010 and we separated again on April 2011. At which time she took my daughter back to AZ, again without my consent. I asked her not to move and she did anyway because she wanted to be closer to her family, not because there were better opportunities of any sort. After their move I relocated to VA due to business. My wife takes my daughter across the border to Mexico without my knowledge or consent to visit her family. My wife has left my daughter in the care of her nieces whom are minors twice, once in the US and another in Mexico without my knowledge. I''m very concern about my daughter. Is there anything I can do to be closer to my daughter besides relocating? can I stop my wife from leaving my daughter with her nieces?
1 ANSWER
1 Award
If she has been there since April 2011, you most likely have to file the case where she is (unless there already is a current Custody/Visitation Order, in which case you can file to amend it wherever that Order comes from. There is a uniform child jurisdiction law across all states that would determine the proper venue.
Her leaving without your consent will be frowned upon by any Court, as would be the other things she is doing that you mentioned in your question, if you can prove them.
I would not wait too long, because sleeping on your custodial rights could be viewed as accepting the status quo in a manner of speaking.
File for Custody and Visitation to be determined in Mom's home state/county, and ask for travel restrictions.
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 29th, 2011 at 4:48 PM