If I have sole legal and physical custody of my 11 year old daughter and need to move out of state, what do I need to do?

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If I have sole legal and physical custody of my 11 year old daughter and need to move out of state, what do I need to do?

Visitation was ordered as she wished and under supervision. She has not seen her father in over 2 years and does not want to see him. I am trying to move out of state. My mother is my main support for help with my children so I can work and she just moved to another state. I am trying to legally move out of state to be with her so she is ableto help with my children and I can help her since she is elderly.

Asked on January 12, 2013 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since there is a court order mandating that you have sole physical and legal custody of your minor child, you seemingly have the right to take your child with you without court approval of your intended move. I suggest that as a precaution that you have drafted a notice of your intent to relocate out of state to be served on your daughter's father and filed with the court where the pending child custody issue arises.

It is then up to him to file some petition with the court objecting to the move which seems unlikely based upon what you have written.


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