Relocation and child custody


#1

My husband and I are just over 6 months into our separation. We have a separation agreement completed but we are still making adjustments to child custody. We have two children together, one with special needs. Both are primarly living with me at this time. My husband has stated that he would like joint custody but I don’t believe that will be a likely outcome simply for logistically reasons with his job.

I’m curious what actions would need to be taken for me to move out of state with the children if an opportunity arose for me. My employeers corp. office is located in VA. I don’t want to needlessly limit my husbands contact with the children but I want to have an option to move should something come up. Since we are still talking about custody what would I need to put into place that would allow me that and still protect my custody of the children.

I should maybe also state that the reason for the divorce was addition that my husband is still not being treated for.


#2

If you haven’t settled custody, you should file an action for custody before moving to Virginia. If you do not have an action pending, he could file an action and seek an emergency custody order by arguing that you are fleeing the jurisdiction. Moving without an order in place is not ideal. If you do not have an immediate need, you should also have a custody hearing and ask the judge to allow you to move before you do.