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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32167
Experience:  JD, 16 years legal experience including family law
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I want to seperate from my spouse, she has previously threatened

Customer Question

I want to seperate from my spouse, she has previously threatened that if I left she would take our 9 year old son (who has some mental disabilities) away from our home where he has lived since he was born and take him to another city 300 miles away but in the same state and I would never see him again. What can I do legally to prevent her from doing this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.
Hello and welcome,

If you do not wish to seek a divorce, you can still seek a limited divorce, which is similar to a legal separation, but you will remain married.

If you file a petition for this or for divorce, you may seek temporary and permanent custody of your son, which would prevent your spouse from moving him out of the state.

If you do not wish to seek primary custody, then you would typically request in your petition that your spouse be restrained from moving with the child without your written consent or the permission of the court.

Here is a link that provides information on limited divorces:

http://divorcesupport.about.com/od/LegalSeparationLaws/a/Legal-Separation-Virginia.htm

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

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Thank you very much and all the best to you,

Tina

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Customer: replied 1 year ago.


What about within the state? It is very far away 300 miles but still in the same state

Customer: replied 1 year ago.
,What paperwork forms would need to be filed?
Expert:  Tina replied 1 year ago.
Hello again, John.

You would need to file a petition for dissolution or seek a limited divorce, depending on which option you prefer.

If you sought temporary custody of your son, then it would not matter whether she moved out of the area or not, she could not take him with her since you would have primary custody.

If she gained primary custody, then you would request that the court enter an order that she refrain from moving out of the area, say a 20 mile radius, without your consent or the permission of the court. The court has the authority to enter such an order based on the best interests of the child if you request it, even though it does not involve moving out of the state.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Expert:  Tina replied 1 year ago.
Hello again John,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law.
Is there anything else that I can assist you with? If not, would you please rate my service to you highly, so I will be compensated for my time? It is important that you provide me with a positive rating. If you do not, the site may keep your entire deposit and I receive nothing for having provided this service to you.
Also, please feel free to bookmark my profile if you have legal questions in the future using the following link: http://www.justanswer.com/law/expert-tina/
Thank you very much and good luck to you.
Tina

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