Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“ok, i have been divorced for seven years and i was awarded sole custody of my daughter. in our divorce papers it just states i have custody and he pays child support. i remarried a man in the military 1 year ago. i moved from IL to VA and back. now, in six months i am moving again to VA. my ex says he will get me for kidnapping if i go. is it possible? do i have to get a court order to let me go or can i just go.”
Question: You need a Court order to make any move that negatively effects your ex’s court-ordered timeshare with your daughter. She is his daughter, too. If your order specifically states that you are allowed to relocate out of state, then of course you can follow that order. Whether it would be kidnapping or not is a question you should never need to get to. Get a court order, or at very least have a local attorney analyze your order to determine whether or not your paperwork contemplated your being allowed to move out of state without additional orders being filed. Likely your order specifies the home state and likely even county where you and your daughter are allowed to reside.
