Q: If my husband is incarcerated in WI for a felony, can I move from VA to another state with our children?
Husband has been incarcerated for 3 years now and rarely contacts (holidays or wants money). No court papers have been filed regarding marriage or custody. Our house here is in his name only. He has no family here, but I have a few.
A: In the absence of a court order, both biological parents have equal rights to, and responsibilities for, their minor children. If the parents separate, either party may file a petition for a determination of custody, visitation, and child support. Once an order is in place, that controls until it is modified or the children emancipate. Moving a child in contradiction to an existing court order exposes a parent to a possible contempt finding or criminal liability for kidnapping.
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.
