Leaving the State during Separation and after Divorce.

[dkehoe8634]

Virginia: I am writing to find out if it is legal that I leave the state of Virginia with my children to go to Chicago, which is where all of out family resides. Only the mother and father live in Virginia, every other member of both families lives in Chicago. The father says that he will not let me leave the state of Virginia, can he legally do that? Or can I leave Virginia due to having all of both of our families in Chicago?

Thank You

 

[mistoffolees]

Virginia: I am writing to find out if it is legal that I leave the state of Virginia with my children to go to Chicago, which is where all of out family resides. Only the mother and father live in Virginia, every other member of both families lives in Chicago. The father says that he will not let me leave the state of Virginia, can he legally do that? Or can I leave Virginia due to having all of both of our families in Chicago?

Thank You

What do you mean "during separation and after divorce"? A lot depends on exactly where you are in the process.

If the divorce is final, you go by whatever the decree says.

If the divorce has been filed but not finalized, you go by whatever the temporary default orders are.

Regardless of what the existing orders are, if you try to move out of state with the kids, he can go to court to stop it. The greater his role in their life, the more likely the court will agree to block your moving with the kids.

 

[LdiJ]

Virginia: I am writing to find out if it is legal that I leave the state of Virginia with my children to go to Chicago, which is where all of out family resides. Only the mother and father live in Virginia, every other member of both families lives in Chicago. The father says that he will not let me leave the state of Virginia, can he legally do that? Or can I leave Virginia due to having all of both of our families in Chicago?

Thank You

If dad doesn't agree to you moving with the children to Chicago, then you are going to need to file for primary custody of the children and permission to relocate with the children to Chicago. You may or may not be given that permission. The fact that all of the children's extended family, on both sides, reside there, is definitely in your favor. However, you will have to prove why its more in the children's best interest to live there, than to live in VA and be close to both of their parents.