One of the more challenging scenarios that come up in Virginia child custody cases is when a custodial parent wants to relocate with the child. The relocation could be to a different area of Virginia or to an entirely different state. The other parent may resist, which is why it is important for both sides to know their rights under the law.
Understanding the basics of parental relocation
The most important consideration in any child-related aspect of family law is ensuring that the child’s best interests are prioritized. The best interests of the child include their education, health, nutrition, environment, extracurricular activities and having a positive relationship with family members. In a relocation matter, the relocation will be scrutinized to ensure that the move will not negatively impact the child’s aforementioned interests.
When custody and visitation is in dispute, the court requires 30 days’ advance notice of any change of address. It has the authority to deny the move if good cause is shown. In cases where there are past allegations of abuse, the custodial parent may not be required to disclose the new address if doing so would put them and child in danger.
If the court approves the move, it has the authority to adjust the parenting time to maintain the relationship between the child and the non-custodial parent. If the non-custodial parent believes that the move is not in the child’s best interests or is intended to sabotage their relationship with the child, then they can object to the move and file a petition to prevent it.
Parental relocation can be a complicated part of family law
A relocating parent may be moving for various reasons, such as a job opportunity, pursuing education or training, or wanting to live closer to their family. They may also be moving due to past abuse. On the other hand, the non-custodial parent may have valid reasons for opposing the relocation.
Given the life-changing impact these cases can have on everyone involved, especially the child, it is crucial to seek guidance from those experienced in family law who can help navigate the process and work toward a solution that serves the child’s best interests.