Q: My ex wife moved out of state with my daughter. Joint legal custody was established prior. Was this illegal?
This happened about a year ago. It made it quite dificult and expensive for me to visit my daughter. I have to do all of the traveling now to see her. My ex does not contribute to my daughter seeing me. To get specific, we divorced in NJ, where she decided to stay wit her mother. I was stationed in florida with the USAF at the time, and still am located there. About one year ago she moved to Florida with my daughter, without my knowledge or concent. Was this legal?
A:
It is not at all clear from your question who lived where at what time. It is also relevant how old your daughter was at all times involved, and how old she is now. You say you divorced in NJ...but did you both live in NJ ever? Then she moved to Florida where you are? And that made it MORE DIFFICULT? That doesn't seem to make sense. If you were stationed in Florida, and she moved your daughter to Florida, didn't that make it easier for you to see your daughter?
In most cases, one parent cannot move a child far away from the other parent without consent of the court or the other parent, where there is joint custody already in place. But this is highly variable and depends on so many more factors than I could list here. What matters is this: If you would like to see your daughter and believe you should have more convenient access to do so, then contact a Virginia Family Law Attorney to evaluate your case. ------
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