If my ex can’t provide care forour sonand she signs a temporary custody paper, can I takehim out state to enroll him into school?

My ex lives in SC with my son and she hasn’t been able to provide for him. He has not been enrolled in school and school started last month. She hasn’t been able to provide him with a place to stay and I can provide all of that. What is the best course of action in this case? I live in VA.

Asked on September 16, 2011 under Family Law, Virginia


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

Answered 9 years ago | Contributor

I am assuming that you have an agreement as to custody, etc. If you have a custody agreement then you need to request a modification of the agreement as soon as possible unless your ex agrees to the modification and you have an attorney draw up the papers to sign.  The request to modify will be made in South Carolina because that is where your son is physically located. If there is no agreement then you need to seek custidy of your son.  I would also ask the attorney that helps you to bring an emergency motion to allow you to take your son to your home in Virginia to enroll him in school.  You need to ask for sole physical custody. Your son is lucky to have you. Good luck.

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