Ex Moved Minor Child to Another State, Father Didn’t Know He Could Prevent Move

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“My ex-wife has moved to Iowa with our child from Virginia, where we lived for several years and where our child was born.  She had permission from the court to move and has lived in Iowa for about 3 months now. I did not know that I could have prevented her from taking our child out of Virginia until now.  Is there anything at this point I can do to get my child back with me in Virginia?  I am supposed to be able to speak with my child daily, sometimes weeks go by before I can talk to my child, who is 5 years old.  I have joint custody of my child with the mother having custody.  Any suggestions?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Here, you may be able to file for a modification of the standing custody order.  If there is not an attorney working with you, you should consider hiring an attorney either to modify the physical custody agreement or enforce the phone call provision in the order. If the cost involved is prohibitive, you can contact your county Bar Association for a referral for a pro bono family law attorney, legal clinic, or law school clinic program , who will work either for free or on an income-based fee schedule.

If you did not have an attorney in the first place, that is why you were not aware of your rights;  if you did have an attorney, they *should* have advised you that you could have challenged the move-away, and you may also have recourse against that attorney.

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Author: House Attorney

A house attorney has answered this question.