SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: Appleman1969 on Sep 22, 2004, 08:48:40 AM
Soc -
I am in the middle of my ex trying to change custody of my two boys (I have full physical) and asked my lawyer if he could put a "No Move" clause in the agreement. He said that there is no such thing as that in VA.
1) Is this true? I thought all states had "No Move" clauses.
2) If this is true, what can be put into the agreement so that she couldn't move away with the boys if she got 50/50 or full custody?
>Soc -
>
>I am in the middle of my ex trying to change custody of my two
>boys (I have full physical) and asked my lawyer if he could
>put a "No Move" clause in the agreement. He said that there is
>no such thing as that in VA.
>
>1) Is this true? I thought all states had "No Move" clauses.
Your VA attorney knows (or should know) VA law better than me.
You cannot restrain the other parent from moving, and visa versa. But you can restrain the child, unless there is specific VA law to the contrary.
>
>2) If this is true, what can be put into the agreement so that
>she couldn't move away with the boys if she got 50/50 or full
>custody?
In my opinion, you can stipulate (agree) to not remove the child from the current county of residence, except by further order of the court or agreement of the parties.
Ask him about that kind of text in the order.
We have a move away clause. Mother had moved 13 times (statewide) and for some reason the courts felt compelled to give her "one more chance" to be stable. Father's strongest arguement was that the child needed to be in the same school for more then one year in a row. She needed to make some friends...
So we had written in our plan, and I think you can customize your plan however you want if parties agree;
Mother is designated as residential parent for school placement purposes for so long as, and only for so long as, she resides in the XX School District.
If the Mother should move from the XX School district, to anywhere, for any reason, the parties agree that Father shall be immediately designated as residential parent for school placement purposes, without need for a hearing before the Court.
Hope that helps.