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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I have a 4 year old who I have joint custody of in Va with

Customer Question

Hello I have a 4 year old who I have joint custody of in Va with his father. His father moved out of state to CO about 6 months ago and hasn't seen our son since for the past 3 months he's been trying to schedule visitation and a flight but he hasn't had the money too. So now he's decided he wants to drive across the country 23 hours with our son and I'm not to comfortable with that but he insists that's what he's gonna do is there anyway I could stop this from happening and only allow him to go if he has a flight booked
Submitted: 23 days ago.
Category: Family Law
Expert:  Legalease replied 23 days ago.

Hello there --

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You can absolutely tell him "NO" to this crazy suggestion because if your custody order is in Virginia and there is no mention of either of you taking the child out of state, then he needs your permission to do so or he must go to court to get a court order to force you to let him do this and I genuinely do not think he will find a family court judge who will be agreeable to driving a 4 year old across the US. Maybe if your son were 14 or 15 then he would be permitted to do it, but I simply do not believe a judge will grant him this permission. My suggestion is to simply tell him "NO" -- and that he can certainly see his son while he is in Virginia but you are not consenting to any crazy out of state visitation plans and he can take the matter to court if he does not like it.

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I hope that helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will be paid for and given credit for my time assisting you today. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the star rating section. THANK YOU VERY MUCH

Customer: replied 23 days ago.
Thanks so much should I go to court and get something documented he's hasn't reported his address change to the court and we haven't been on our visitation schedule for 6 months because he up and moved and it's been about 4 times he was supposed to get him and he never did I was thinking a show cause and then changing visitation order because it says every other week he gets him
Expert:  Legalease replied 23 days ago.

Hello again --

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I think that would be wise. It is better to let the court know that he is living out of state and that if you and he agree to visitation between the states, it has to be a SANE method of travel given the age of your son. You should file a motion to change visitation terms and even if you are the only one who appears at the hearing you can give your concerns to the court and get a court order that he cannot take the child from the state without your permission. While that is the actual law, it is always better to have it written into your court order because if your ex does manage to sneak him from the state without your permission, you will have the law firmly on your side to get him back immediately if your court order is clear and concise.

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I hope that this helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will be paid for and given credit for my time assisting you today. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the star rating section. THANK YOU VERY MUCH

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