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

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1 Lawyer Answer
Kristina Marse Beavers
Kristina Marse Beavers
  • Newport News, VA
  • Licensed in Virginia

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.

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