If you want to move your children out of the school district, city, county, state, or country, you better have some good reasons. Courts look skeptically of parents who want to move the kids away from the other parent. Judges scrutinize your motives. Are you moving because you believe it will improve the quality of life for your children while being able to maintain contact with the other parent? Or are you moving to get away from the other parent? Are you moving to reduce the time and involvement of the other parent with the children? This can be proven by evidence of your being cooperative with the other parent and that the moving party has demonstrated a willingness to make all efforts to substantially maintain the relationship between the kids and the non-moving party. The moving party has encouraged the non-moving party to see the children. The moving party has kept the non-moving party informed of the child’s school, medical, extra-curricular activities. If the moving parent has a history of good faith , then the court will most likely be more receptive to the party seeking to move the children.
What are reasons that are in good faith to move the kids?
You (and perhaps the other parent) have extended, close family members where you intend to move. Your parents, siblings, cousins, nieces, nephews, friends all live in the new location. Your kids have close relationships with these family and friends. The family and friends have been very involved in the kid’s lives. They can provide day care for you. You have long standing friends there. Your family and friends can provide a sense of community for the kids. The kids have spent substantial time in the new area, and have developed ties to that community.
You have a job offer that is a better paying job where you intend to move. You have lost your job here, and despite your diligent job search are unable to find similar employment. The new job in the new area provides better hours and less of a commute to work so that you can spend more time with the kids.
The new location would provide a better quality of life for the kids. It has better schools, housing, recreational opportunities. It has a lower cost of living and housing. The commute between work and home is much faster than in Northern Virginia (that goes without saying).
You are not moving far away. Your move will allow the non-moving parent to maintain meaningful contact with the children. You have a schedule for the non-moving parent that provides substantial visitation, such holidays, almost all the summer, and regular monthly visitation on long weekends. You will agree to pay for the transportation of the children to return to Virginia to visit the non-moving parent. The move will not substantially impair the non-moving party’s relationship with the kids.
