If you’re a parent considering relocating with your child after a divorce, it’s important to understand how the law works in these situations.
What is the legal process for relocation?
In Virginia, the law requires that a parent who wants to relocate with a child must provide written notice to the other parent. This notice must be given at least 30 days before the proposed move. The notice should include the details of the move, including the new address, the reason for the move, and how the relocation will affect the child’s relationship with the other parent.
What factors do Virginia courts consider?
When deciding whether to allow a parent to relocate with a child, the Virginia courts evaluate several factors. The primary concern is always the child’s best interests. Courts will consider how the move impacts the child’s relationship with both parents, the reasons for the move, and whether the non-relocating parent can maintain a meaningful relationship with the child after the move.
The courts also assess the child’s age, their adjustment to their current living situation, and the ability of the parents to communicate and co-parent effectively after the move. If the move is likely to disrupt the child’s stability or make it harder for them to maintain a healthy relationship with the non-relocating parent, the court may not approve the move.
Can the other parent object to the relocation?
The non-relocating parent has the right to object to the relocation. If they disagree with the proposed move, they can file a petition with the court to prevent it. The court will then hold a hearing to assess whether the move is in the child’s best interests. This gives both parents a chance to present their case, and the judge will make a final decision based on the evidence provided.
Relocation and child custody cases can be emotional and complex, so it’s important to understand your rights and the potential impact on your family. It’s also beneficial to approach these situations with the goal of maintaining a positive co-parenting relationship for the benefit of the child.
