If my ex-wife is moving to another state with my 6 year old son without my permission and I have joint legal and physical custody, how can I stop her from moving?

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If my ex-wife is moving to another state with my 6 year old son without my permission and I have joint legal and physical custody, how can I stop her from moving?

Asked on January 9, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  I am hoping that your divorce and custody agreement limits how far each of you can move from the other with regard to your son.  Read it.  And then go to court to enforce it.  If it does not state anything get a lawyer to help you as soon as possible.  You need to put those restraints on moving now.  SHe could make application and try and convince a judge- that is very possible- but then you can ask to be the custodial parent.  Really, you need a lawyer.  Good luck.


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