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Can my same sex (male) partner take our 6 year old daughter out of the state (Virginia) if he decides that he wants a new life?

Falls Church, VA |
Filed under: Family law

I am (was) in a same sex relationship in Virginia. We have two little girls together via surrogacy. We both have legal and physical custody of them both. Now my partner has become dissatisfied with our life here, and has decided to leave. He took our 6 year old with him, stating that she is "my blood" and "I know what is best for her". He took her to another state. At first he agreed that he would return her in a week, but now he is saying that he intends to keep her longer. Should I call the police?

Attorney Answers 2


No, you should contact an attorney. It doesn't matter if she is "blood" or not; you have custody rights through a court order. Currently, Virginia should have jurisdiction to resolve matters concerning the children. Please do not delay in contacting an attorney to help you. If you wait too long, the gaining state may assume that jurisdiction and you would have to fight your legal battles there.

Good luck.

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You should contact an attorney and file a motion to amend the order. Unless it is otherwise specified in the Order, Virginia is the home state of the child. You will need his address to get proper service of the motion. In addition, custody orders in Virginia generally contain a requirement that the parties to the Order must notify the Court and the other party of any change of address 30 days prior to the move. If he as not done this, he is in violation of the Court Order.

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