IndigoVA
recently joined
Reged: 09/13/07
Posts: 3
|
|
My husband received a call 10 days ago from his ex telling him that she and my stepdaughter (age 12) were moving to Florida. Her office has a location there, and she begged them for a transfer (this is what my SD said). All of her and my husband's family live in VA. Including my 18 month old daughter (her half sister) with whom she has a very close relationship.
My question is that the law just seems to say that she has to give 30 days notice. She has only given us verbal notice, and I thought it had to be written. But other than that I see nothing in the law that prevents her from moving. I know my husband can contest it, but I guess I don't understand the procedures for that. Or do we even have a chance of winning? She's set to leave in 20 days.
The current visitation agreement says she has full physical custody, joined legal. Father has visitation every other weekend and one week in the summer. And (the kicker) father must provide all transportation in exercise of his visitation! At very least doesn't this need to be changed?
Does anyone know the specifics of this?
Thanks.
|
IndigoVA
recently joined
Reged: 09/13/07
Posts: 3
|
|
I wanted to add a question related to not understanding procedures...My husband's and ex's divorce and all previous custody/visitation issues were decided in Culpeper County. However, ex and SD moved to Loudon County one year ago. My husband and I live in Fairfax County. Which court do we use? Or does it matter?
Thanks.
|
BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3029
Loc: VA for 21 years, NC forever!
|
|
Normally in VA, the court where the child is located would have jurisdiction over these types of matters -- but it is a simple hearing to do that.
The more important issue here is what the father can do to stop this move -- he would currently have to go through Culpeper to file an abjection to the move. His ex is able to move wherever she pleases however, she may not be free to take the child with her.
Your DH must contact his attorney NOW. He needs to file a motion to stop the child from leaving the area. If he's been an ongoing part of the child's life and the child is part of your new blended family, there's a good possibility that a judge will allow the ex to move and give custody to her father.
In the absence of the child remaining in the state, the moving party is usually then responsible for ALL the costs of transportation to facilitate visitation according to the parenting plan.
Consult an attorney ASAP. Have your DH put it in writing to the mother immediately that he does NOT agree with her intention to move the child to Florida. Send it RRR, certified. Ordinarily I might not recommend an attorney for something like this but the time factor is a huge element -- an attorney can cut through allthe BS much faster than filing a motion with the court.
|
|
0 registered and 0 anonymous users are browsing this forum.
Moderator: dsAdmin
Print Topic
|
Forum Permissions
You cannot start new topics
You cannot reply to topics
HTML is disabled
UBBCode is disabled
|
Rating:
Topic views: 3854
|
|
|
|
|
|
UBB.threads™ 6.5.1.1
|
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
|
|
|
|
The information contained on this page is not to be considered legal advice.
A local counsel or professional should always be consulted in regards to any legal matters.
"a passion for a better divorce℠" - established in 1996
© 1996 - 2013 Divorce Source, Inc. All Rights Reserved.
Previous
Index
Next
Threaded
Edit
Reply
Quote
