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ammini

Junior Member
What is the name of your state?virginia

I asked some suggestions earlier thanks for replies. I recently left an abused marriage and got PO against my husband. Since I dont have any help or money here i want to move to another state with my relatives (also for safety). I have a free lawyer since i don't have any income for any private attorney. My husband filed for visitation, hearing is this week and my attorney is going to ask some home study. I dont understand that and my attorney is more towards reaching an agreement advising me to reconcile. Knowing my husband I dont want to make any hasty decisions. Please suggest me whether i can move out of state with court approval and what i have to do to get any support. ( I didn't file divorce)
 


casa

Senior Member
ammini said:
What is the name of your state?virginia

I asked some suggestions earlier thanks for replies. I recently left an abused marriage and got PO against my husband. Since I dont have any help or money here i want to move to another state with my relatives (also for safety). I have a free lawyer since i don't have any income for any private attorney. My husband filed for visitation, hearing is this week and my attorney is going to ask some home study. I dont understand that and my attorney is more towards reaching an agreement advising me to reconcile. Knowing my husband I dont want to make any hasty decisions. Please suggest me whether i can move out of state with court approval and what i have to do to get any support. ( I didn't file divorce)
If you didn't file divorce, or file for child support- what is your attorney for?

You need to file for divorce, custody, child support and follow your state's guidelines re; move-aways. Typically it is 30-60 day notice, in writing (return receipt mailing)
 

lisagr33

Member
I agree with Casa. Why do you have an attorney when you haven't said anything about your plans for filing for a divorce?
 

kat1963

Senior Member
Why didn't your free lawyer file for child support to heard at the same time? Geezz. If your lawyer is suggesting that it would be in your best interest to settle out of court then that's probably the way you should proceed. If not then you'll be at the mercy of the judge. As for the home study there are several reasons why this is usually asked for. But you need to make a list of questions & ASK him/her.
Here is the Code of Virginia on relocation.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-124.5
He can file a TRO (temporary restraining order) barring you from removing the child from the state until the matter is settled. You will then have to convince the courts that the move will benefit the child (NOT YOURSELF). Your ex will argue that you are planning to relocate in order to destroy the parent/child relationship. This could be made especially hard if you have refused to let him see the child in the past. At the very least be prepared to provide 100% of the transportation for visitation.
Here is the link for support forms & other information. You don't have to be seperated or divorced to file.
http://www.dss.virginia.gov/family/dcse_form.html
KAT
 

ammini

Junior Member
Thanks for your replies. I didn't file for divorce, since my attorney told me we can first work for reconcillation, since visa status depends on him. As for asking child support she said she can ask that only if I file divorce. (My husband gave me few hundread dollors through his attorney, but transport is the problem I dont have vehicle). Since I have evidence of his violence will it help me if he file TRO against my leaving state. Help me. Thanks
 

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