Relocation After Divorce in Virginia: Can You Move With Your Child?
When parents divorce, life often changes in ways no one anticipated. New jobs, relationships, or family support systems sometimes require a parent to move.
However, relocating after a Virginia divorce is rarely simple when children are involved. Our Virginia child custody attorney explains what parents need to know before relocating after a divorce and how to protect their parental rights.
Virginia Laws on Relocation After A Virginia Divorce
Relocating with your child after a divorce in Virginia is not as simple as just packing up and leaving. Under Section 20-124.5 of the Virginia Code, parents must provide written notice of their intent to relocate at least 30 days before the move.
If the other parent objects, the parent who wants to relocate must prove that the move serves the child’s best interests. In reviewing relocation requests, factors the Virginia Domestic Relations Court is likely to consider include:
- The reason behind the move, such as for employment, family support, or education opportunities.
- The impact the move could have on the child’s relationship both with the other parent and extended family.
- The distance of the relocation and whether meaningful visitation can continue.
- The child’s age, needs, and preferences, depending on their maturity level.
- Each parent’s ability to cooperate and maintain a positive co-parenting relationship.
If both parents share joint legal or physical custody, the court is especially cautious about approving relocations that could disrupt that arrangement.
Protecting Your Rights and Your Relationship With Your Child
Parents often relocate for legitimate reasons, but even a well-intentioned move can create custody conflicts. Before taking any action, it’s essential to understand how the Virginia Family Court evaluates these cases and what you can do to support your position.
If you want to plan a move out of Virginia with your child, take these steps:
- Provide timely written notice to your co-parent and the court.
- Prepare evidence showing how the move benefits your child.
- Propose a new visitation plan that allows the other parent to maintain consistent contact.
- Avoid moving prematurely, as violating court orders could result in contempt charges or custody modification.
- If you oppose the other parent’s relocation, you can request a court hearing to challenge it. The court may modify custody or visitation to protect your child’s best interests.
Having our experienced Virginia child custody attorney on your side can make a difference. We can gather the evidence, present your case effectively, and help negotiate a parenting plan that prioritizes your child’s well-being.
Speak With Our Experienced Virginia Child Custody Attorney Today
Relocating after a divorce in Virginia can quickly become complicated when children are involved. At Schwartz Kalina, PLLC, we provide the trusted legal guidance parents need when facing relocation disputes in Virginia.
Whether planning a move or trying to prevent one, we can help protect your rights. Call or contact us online today to schedule a confidential consultation with our Virginia child custody attorney.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.5/
loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou
