Question – “My husband abandoned our family. We’ve been separated for almost a year and we’re still legally married. Our children live with me and I take care of them with no help from their father, but they do see him regularly. I would like to move back home (out of Virginia) closer to my family but my husband doesn’t want me to. He doesn’t pay child support, and there is no custody order in place. Can I leave without facing kidnapping charges?”
The simple answer is yes, you can move out of state. However, if you move and he files for custody with the courts, the court could make you move back or give him custody of the children. If you move and remain for at least six months, that state will then have jurisdiction over the children and he would have to file for custody and/or visitation in that state.
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Visit these links for related information
Virginia Child Support Laws & Guidelines
If I Remarry, Can I Still Receive Child Support From My Child’s Biological Parent?
Can a Separation Agreement or Court Order Stop My Spouse From Moving Out of State With My Children?