Richmond, VA asked in Family Law for Virginia

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.

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

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.

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