Q: My wife has threatened to take our child, I believe she would take her out of Virginia.
How can I stop this and if it does happen, what can I do. I have not met with a lawyer about this yet, my meeting is next week, can I/how can I file for temporary custody if we are still living in the same house? I think she may try something before I have a chance to meet with a lawyer.
A:
Generally:
1) A juvenile & domestic relations court in Virginia will refuse to hear a custody case between parents when they live together; and
2) Virginia courts will consider Virginia to be the home state of a child who has continuously resided there for the past six months, and a new state would not become the "home state" until the child has been the new state for six months.
Therefore, if a parent attempts to relocate out of the state with a child, the parent who is left behind could still file for custody in Virginia. Note that there are some exceptions, including when there is domestic violence or child neglect. Keep your appointment with that lawyer, and follow his/her advice as it applies to your specific facts and circumstances.
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