I'm asking for a friend of the family that is in a bad situation. She found out that her husband is cheating (for the 2nd or 3rd time) and is going to see a lawyer Monday. He doesn't know that she knows and she doesn't plan on saying anything until the issue of custody is settled in court.

She seems to worry that he can come home at any time and take their kid away and there is nothing (legally) she could do. What are the laws in this case?

She lives in Virginia, and the child is both of theirs, he is currently in Florida as he could only find work in his field down there, she was due to move down there with him but obviously that's off.

Until Custody has been established, he could come home, grab the kid and go live someplace else. However, if he doesn't inform her of where he moves, then he could be found guilty of parental kidnapping.

Even if he does do this, as soon as custody is established, he will have to return the child. The act of parental kidnapping is pretty much going to ensure that custody would be awarded to her.

Does she think that he will come home this weekend? If not, go to the lawyer Monday and do what they say.

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Originally Posted by ScottGem

Until Custody has been established, he could come home, grab the kid and go live someplace else. However, if he doesn't inform her of where he moves, then he could be found guilty of parental kidnapping.

Even if he does do this, as soon as custody is established, he will have to return the child. The act of parental kidnapping is pretty much going to ensure that custody would be awarded to her.

Does she think that he will come home this weekend? If not, go to the lawyer Monday and do what they say.

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Also infidelity may be grounds for divorce but they aren't grounds for custody. Its totally separate. So its no ace in the hole on the custody end.