Can I move my kids out of the house that I reside in with my wife?
Please be aware that we cannot provide legal advice based on contact from the website. We can only give general observations regarding your situation.
In Virginia, where I am licensed to practice, if there has been no order entered regarding the custody or visitation of the children then both parents have equal rights to the children. This means that one parent can take the children and block the other parent’s access to them. So, you can take the children and move out of the marital home if there has been no custody or visitation order entered.
This being stated, if there is a final trial regarding the custody and visitation of the children, one of the factors the court will look at is the willingness of the parents to cooperate with the raising of the children. Blocking the other parent’s access to the children would not show a willingness to work together. However, moving out of the marital home but not blocking access would not have an effect.
Child custody in Virginia is very regional specific, meaning that each court has slightly different rules. For that reason, it is important to find an attorney who specializes in Virginia law.
To arrange an initial consultation to discuss rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Charles D. Hatley, contact Cordell & Cordell.