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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Virginia Beach, VA: Recently separated (7 miles away) still

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Virginia Beach, VA: Recently separated (7 miles away) still married. She wants to move to Texas with our son. Can she legally take him without my consent

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

Hello,


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FiveStarLaw :

Has there been any court involvement to date

FiveStarLaw :

Are you legally separated or just living apart?

FiveStarLaw :

Are you legally separated?

Customer:

No. We are just living apart.

FiveStarLaw :

Thank you for your information

FiveStarLaw :

one moment while I type my response

FiveStarLaw :

When there is not a court order in effect, either parent has the right to travel or relocate with the child. The consent of the other parent is not required.

FiveStarLaw :

To prevent your wife from moving with your son, you will need to obtain a court order and/or physical possession of your son

FiveStarLaw :

If it is possible to obtain physical possession of your son without a court order, you may consider doing so and keeping him in your possession until you have obtained a court order regarding his custody

Customer:

Is this the same as filling for divorce?

FiveStarLaw :

A custody order can be issued as part of the divorce or separation proceeding

Customer:

Its been a month since I moved out, I see him daily. Just wasnt ready to pay for a divorce yet.

FiveStarLaw :

You may want to consider not returning your son to his mother after your next visit. Consider immediately retaining counsel to obtain an emergency order as part of a separation action if you're not yet ready for divorce

Customer:

Does it matter who files first?

FiveStarLaw :

no –

Customer:

Please another question?

FiveStarLaw :

It is my pleasure to work with you. You can leave a positive rating for this discussion and start your new question with "For FiveStarLaw". You may want to consider obtaining a subscription to the site so that you are not charged for each question

Customer:

Let me know when I reach my limit. What is a custody decree?

Customer:

is it part of the seperation proceeding?

FiveStarLaw :

A custody order is the same thing as a custody decree

Customer:

Ok.

Customer:

ok thanks

FiveStarLaw :

yes. The Court does not involve itself in marital disputes unless a proceeding is filed with the court – in this case you would need to file a separation or a divorce in order to obtain a custody order

Customer:

just wanted to know what i can do before all of the divorce proceedings

FiveStarLaw :

Unfortunately without a court order your only remedy is to maintain physical possession of your son

Customer:

Got it. Thank you for your time.

FiveStarLaw :

It has been my pleasure to work with you


Please let me know if I can assist you in the future by requesting me directly.

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Customer:

how do i find you?

FiveStarLaw :

simply start your question with "For FiveStarLaw"

Customer:

thanks...cheers

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