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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28021
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I live in Virginia. My son's mother and I both have Joint

Customer Question

I live in Virginia. My son's mother and I both have Joint Legal Custody of my son. I am very active with my son and pays child support, medical and take very good care. He is physically lives with is mother at times and a lot with me. She is planning on relocating to another state (Atlanta GA) and taking my son with her to live with her wife that she just married about a year. Can she relocate with my son without my approval?
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. No, she can not simply relocate and needs to give you notice and you have a right to object. After an order has been entered, a party intending to relocate to another state must give the court and other party thirty days’ advance written notice of intent to relocate and any intended change of address. Va. Code Ann. § 20-124.5. Now, it is in the discretion of the court, to allow the mother and child to relocate, pending final determination by the court of this issue. Of course, the court may decide in its discretion to maintain the status quo by enjoining the custodial parent from relocating prior to a final determination. Seeing how involved you are and how much time the child spends with you, it is unlikely that the Judge would just allow her to pack up and go at this time, with the child.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!