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

Without a signed agreement allowing you to move or a court order allowing you the same, if you move without his permission/knowledge, you may be subject to an emergency custody action down here for fleeing the jurisdiction. You should speak with an attorney to discuss your needs and all your different options on how to proceed. If he won’t let you leave, I would probably advise that you need to file for custody where you currently reside to have the judge address the issue.