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Virginia Beach, VA: Recently separated (7 miles away) still

married. She wants to move...
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
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Answered in 4 minutes by:
3/1/2013
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified

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,


Thanks for using JustAnswer. My name is XXXXX XXXXX I will do whatever I can to answer your questions!


Don't Forget that the deposit you placed to ask this question is not used to compensate me until you rate my service ! Please Remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law .

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.

FiveStarLaw :

If you would take a moment to click the rating tab to rate my work, I would appreciate it. My goal is EXCELLENT and I hope your rating reflects that. Please let me know if you experience any difficulty using the rating system as the site does not give me credit for my work unless a favorable rating registers.

Customer:

how do i find you?

FiveStarLaw :

simply start your question with "For FiveStarLaw"

Customer:

thanks...cheers

Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Family Law Specialists are ready to help you
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Ellen
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
36,715 Satisfied Customers
Experience: 25 years of experience helping people like you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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