Chesapeake, VA asked in Family Law for Virginia

Q: In Virginia what are my legal rights if my ex-wife wants to move my son to Florida without my permission

Related Topics:
1 Lawyer Answer

A: Custody, Visitation and Child Support can be modified at any time until the child is 18 as long as there has been a material change in circumstances since the last court order. (most jurisdictions require that at least 6 months has passed since the last order)

The removal of a child to another state would probably be sufficient to find a material change in circumstances that would allow the court to hear a petition to modify or amend an existing child custody or visitation order.

To file a petition to amend or modify an existing custody or visitation order, you can contact the clerk's office where the most recent custody or visitation order was entered, or you can contact an attorney in your area.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.