Henrico, VA asked in Family Law for Virginia

Q: If my kids live in Virginia, can their father who lives in NC take them from me during a summer visit?

I moved from NC to VA almost 2 yrs ago with my kids. My ex and I are divorced b/c of his drug addiction and there is no custody agreement. He lives with his mom and they want to get the kids for the entire summer in NC. I'm afraid they might not return the kids to me here in Virginia. Can they do that?

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2 Lawyer Answers
James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Glen Allen, VA
  • Licensed in Virginia

A: In the absence of a court order addressing custody and visitation, both parents have equal rights to, and responsibility for, their minor children. Normally, a divorce case would address custody and visitation, so it is strange that there is no court order in effect. The solution is to file petitions for a determinations of custody and visitation in Virginia, where the children have resided for at least the last six months, considered to be the "home state" under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).

You should consult with an experienced Virginia family law lawyer concerning your options and the best course of action.

1 user found this answer helpful

Michael Christopher Miller
Michael Christopher Miller
Answered
  • Vienna, VA
  • Licensed in Virginia

A: If there is no custody order, tell them "no."

If they don't like it, they can file a motion in the JDR court where you live.

1 user found this answer helpful

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