I live in Virginia and am recently divorced. My ex-wife has primary custody of the three children in the divorce papers. Since the divorce was finalized, my fourteen year old son has come to live with me. He has lived with me continuously for a month now. He does not want to return to live with her, and refuses to go back. I plan to travel out of state on an overnight trip to North Carolina for the Christmas holiday. My son wanted to go with me after spending Christmas morning at his mother's house. She is refusing to let me take him, saying I cannot take him out of state. The divorce papers do not say anything prohibiting me from traveling out of state with any of the children, and I am unable to find the state code online to find out if I can take him out of state on this trip. Can you please advise?
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. In general, a parent is not prohibited from out of state travel with the minor child. So long as the time (holiday) is awarded to you, and you provide her with an itinerary and telephone numbers, etc., I know of no reason why you can not take him across state lines to celebrate a holiday with family.