Many parents who divorce work cooperatively to raise their children. They establish a custody order either through direct negotiations or through custody litigation. A Virginia custody order typically outlines the overall breakdown of parenting time. It may contain a schedule for sharing holidays and birthdays. It also likely describes how parents should share legal decision-making authority.
Parents typically need to follow the terms outlined in a custody order until their children become legal adults. They communicate about major decisions and see each other frequently for custody exchanges. However, changes in their circumstances may make it necessary to change the terms of the custody order as well.
If one parent intends to move a significant distance or out of the state, they need to follow a specific process to secure permission for the move.
Whose permission is necessary when a parent relocates?
Parents who are subject to custody orders may need pre-approval from their co-parents before they move. Current state statutes require that parents provide advance notice at least 30 days before a potential move. They must give the other parent in the family an opportunity to respond.
If the other parent agrees that the move is beneficial, the two can negotiate arrangements to continue to share custody. If the other parent does not support the relocation, then a hearing in family court may be necessary to resolve the disagreement.
A judge can review the situation to determine if the move is likely to be beneficial for the children and what, if any, custody modifications are necessary to facilitate the relocation. Judges can decline to permit moves that they feel may not serve the children’s best interests.
A parent proposing a relocation must secure permission from the family court or their co-parent. Those who develop their legal case carefully have the best chances of securing consent for a relocation and a custody modification updating the terms of a shared custody order.
Discussing a potential upcoming move with a family law attorney can help parents navigate the challenges of a shared custody relocation. Permission from a co-parent or the courts is typically necessary, especially if a move takes the children out of state or significantly increases the travel time between the parents’ homes.