Custodial parent wants to move before hearing

[Nogoodmotherlover]

Jurisdiction

Virginia

I'm the noncustodial parent and petitioned to modify the custody and was given a court date 2 months away. The custodial parent has full legal and physical custody and has indicated that she planned on moving to Idaho 1 week before our custody hearing. She still hasnt notified the court and our custody hearing is already on the docket....Can she do this? Wouldn't she be required to await the custody hearing decision since I filed first? What can i do to ensure she and the child are available for the custody modification process? Do i need to file a motion or request an injunction?

 

[leslie82]

What does your decree state about the custodial parent moving? Is she supposed to notify the court before she moves? If so then see about filing an emergency order. Do you have a lawyer? I would recommend finding one who gives free consultations to see what advice they can give.

 

[Nogoodmotherlover]

No lawyers involved. Yes she is supposed to notify the courts. I've been looking at emergency orders but it appears they only will be issued if the child is in danger?? which isn't true. I'll look into a free consultation. Thanks

 

[leslie82]

Yeah I would try to find a lawyer. They can give you the best advice especially in your area.