You may be able to relocate out of state if you are a custodial parent in Virginia; however, certain laws and requirements apply. For example, if you have a current custody order, you will have to notify the court and the non-custodial parent within 30 days of your expected move.
The noncustodial parent may also petition the court to block the move. The court will make a determination that is in the best interest of your child. Even if the court permits you to move with your child out of state, it will modify custody arrangements, such as visitation schedules.
A Virginia custody and visitation lawyer will help you petition the court to move and negotiate a new custody order with the co-parent of your child.
Virginia’s Child Custody and Visitation Laws When Relocating Out of State
Moving out of state as a parent after separation or divorce can be complicated. Whether it’s for a better job prospect, a new relationship, or to have the support of your extended family, you need to take extra precautions before deciding whether to make a move following separation or divorce.
Whether you are trying to move out of state with your child or received notice that the co-parent of your child plans to move out of state, a Virginia family lawyer will help. They will advocate for your child’s best interests during negotiations about custody arrangements and visitation arrangements.
The Court Requires You to Give Proper Notice When Relocating Out of State With Your Child
In any case involving child custody in Virginia, the court will require a minimum of 30 days advance written notice prior to any relocation pursuant to Virginia Code § 20-124.5. In some situations, more notice may be required. For example, parties who reach a child custody order may add additional time requirements or limitations on the ability to relocate.
The notice requirement is designed to protect parents who object to the relocation and provide an opportunity for the court to determine the move. Whether or not your child will be allowed to move with you or the other parent depends on your child’s best interests.
Both the custodial and noncustodial parent must provide notice prior to any relocation, even if the move is only a short distance. Any change in your or your co-parent’s residence can have an impact on the parties’ ability to coordinate visitation for your child.
Relocation Factors The Court Will Consider
A custody order is not set in stone; the court can modify it at any time after your divorce. If you share custody of your child with your co-parent, and the two of you can’t decide on relocation, the court will step in and make a decision.
In relocation cases, the court is interested in only one thing: whether modifying the existing custody order and allowing the relocation will serve the best interests of your child. The court does not consider whether the relocation is in the parent’s best interest.
Per Virginia Code § 20-124.3, the court will make a decision based on these three factors:
- The reasons for relocation include employment opportunities, standard of living, and contact with extended family members, as well as how it will enrich your child’s life.
- The effect a relocation will have on the relationship of the non-custodial parent and your child.
- How the relocation will affect the non-custodial parent’s visitation rights with your child.
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Can You Relocate Out of State if You Have Sole Custody?
If you are seeking to relocate out of state with your child, the burden of proving that relocating is in your child’s best interests falls on you. If your co-parent has a positive relationship with your child and is involved in your child’s life has a much better chance of preventing a relocation.
Even if you have sole legal custody, that does not give you the unilateral right to relocate out of the jurisdiction with your child. The court will not look favorably on your request for relocation if it seems the move is designed to cut off family members who currently have a legal right to see your child.
No relocation case is straightforward, and any missed deadline can have a serious impact on your custodial rights.
Modifying Visitation When You Move Out of State
The court usually tries to make up for the “lost time” the non-custodial parent now misses with your child. For example, the court may change the order from three nights a week and two weeks of summer vacation to four three-day federal holiday weekends a year, plus six weeks of summer vacation and the winter or spring break.
Visitation would be less frequent but longer in duration. There are never any guarantees as to what the court will decide. Whether you are a custodial parent seeking to relocate or a non-custodial parent trying to prevent a relocation, the first step towards protecting your rights is to hire a Virginia family law attorney with experience in custody and relocation matters.
Consider This Real-Life Scenario
Imagine the following real-life scenario: John and Susan share physical custody of their daughter, Mary. They live about ten minutes apart in the same Virginia town, and though Mary’s primary residence is with her mother, Susan, John spends several days a week with his daughter.
Susan would like to relocate to Dallas. She has gotten a new job there with a larger salary, and she will be close to her parents, Mary’s grandparents, and other extended family. The schools are great, and she and Mary will have a higher standard of living there, which will give Mary many more opportunities.
John does not want Susan and Mary to move. He is involved in her life and does not want to lose contact with his daughter for extended periods of time. If the relocation is granted, John will no longer be able to be as involved in his daughter’s life as he currently is. Current visitation won’t be able to continue in this new situation. The court will need to step in and modify the visitation order.
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Call Melone Hatley, P.C., to learn if You Can Relocate Out of State
A Virginia custody lawyer from Melone Hatley, P.C., will help if you have a child custody issue in Virginia. Whether you are wondering if you can move out of state with your child or want to petition the court against your co-parent’s move, our legal team is here for you.
Our family attorneys have handled thousands of child custody cases, and our previous client testimonials show our dedication to serving families. If you are facing a relocation issue, we will file a petition for custody and help with custody modifications and visitation arrangements. Call us now for a free consultation with our Client Services Coordinators.
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