Father Needs some Advise

[dolphinfrk1129]

What is the name of your state (only U.S. law)? Virginia

The mother of my children (twins) who I was never married to, wants to move from VA to NC becuase her new husband had accepted a job offer down there. Now over the past year I have been given threats that she is taking our children to diffrent states, this is the first time that she is fully going through with this. She says that she is taking them in the middle of next month. And I know she has to inform both the courts and me about the move, but I wanted to know how she has to go about that? And once she informs the courts are they going to be holding a hearing of any kind? If not how do I object to this move. As I do not see how it is fully in the best infrest of our children. All of their family is here in VA, they go to school here, I am the coach of their tee ball team, and I have them every weekend.

Please let me know if there is anything that I can do and if so how is the best way to go about it. I already have a custoy hearing going on, we have to go back in 5 months, after the investagation is going on, with the court appointed service for the children. Also is she permitted to move during this??

I thank you in advance.

 

[Ohiogal]

You file with the court stating that you object to her removing the children from the court's jurisdiction.

 

[proud_parent]

She says that she is taking them in the middle of next month. And I know she has to inform both the courts and me about the move, but I wanted to know how she has to go about that?

§ 20-124.5. Notification of relocation.

In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days' advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise. The court may require that the notice be in such form and contain such information as it deems proper and necessary under the circumstances of the case.

(1994, c. 769.)

Virginia Code § 20-124.5 - Notification of relocation - Virginia Virginia Code § 20-124.5 - Notification of relocation - Virginia Code :: Justia

 

[dolphinfrk1129]

You file with the court stating that you object to her removing the children from the court's jurisdiction.

How would I go about doing this?? Do I have to wait for her to submit information to the court and myself first? Or can I just go down to the courts and say that I heard that she will be moving? (as she has not given me any details or anything in writting)

 

[LdiJ]

How would I go about doing this?? Do I have to wait for her to submit information to the court and myself first? Or can I just go down to the courts and say that I heard that she will be moving? (as she has not given me any details or anything in writting)

Do you know how far she is actually going to be moving?

 

[dolphinfrk1129]

Do you know how far she is actually going to be moving?

She will be moving about 200 miles away (4.5 hours) And now she is telling me that there is nothing that I can do about them moving, that she is thier mother and they live with her, so there for she says what happens in thier lives. We have joint custody and no court ordered visitation. And today she told me that I need to sign over custody of my children to her husband so that he can put them on his health insurance and be invloved with them in school and if they ever have to go to the hospital.
Please I really need help as the time is getting closer for her to be moving and taking my children away from me.

 

[proud_parent]

And today she told me that I need to sign over custody of my children to her husband so that he can put them on his health insurance and be invloved with them in school and if they ever have to go to the hospital.

Bull. Don't believe a word of this and do not let yourself be bullied into voluntarily terminating your parental rights.

I'm a stepparent, and my stepdaughter has been covered under my health insurance since the day I married her father, even though I am not her legal custodian.

Furthermore, as the husband of the custodial parent, Stepdad already has equal rights to the children's school information under FERPA. If he wants to be involved with the children's activities as a classroom volunteer or coach, there's nothing to stop him UNLESS you object to it.

Finally, in a true medical emergency, treatment would be provided even without parental consent. For non-emergent health care decisions, Mom can make herself available, or give her husband power of attorney.