Life never stands still for families with children. Career opportunities arise, relationships evolve and parents’ needs change alongside their growing kids. What worked perfectly for a toddler’s schedule may no longer fit a school-age child’s routine, and housing needs shift as families expand or circumstances change.
As these life changes unfold, custody arrangements often need to evolve, too. One of the most significant life changes that can impact a custody arrangement is parental relocation.
Rules for notification and objection
Parents cannot simply relocate with their child. They need permission from the other parent or the courts. Generally speaking, any parent who shares custody of their children will need to provide the other parent with advance notice if they intend to move. Virginia statutes currently require that parents provide notice 30 days before an intended move.
The other parent has 30 days to contest the proposed move if they do not agree with it. Contesting the move typically involves filing a formal objection with the court, which triggers a legal process to determine whether the relocation should be permitted.
If the parents can reach an agreement regarding the relocation and necessary changes to the custody arrangement, they can work together to modify the custody order. If they can’t agree on how to adjust the custody order to reflect the proposed relocation, then the matter may need to go in front of a judge.
Does a judge always allow relocation?
There are no guarantees when it comes to parental relocation requests. Judges must weigh multiple factors when deciding whether to approve a move, including the reason for the relocation, how it will impact the child’s relationship with both parents, the child’s ties to their current community and whether the move serves the child’s best interests.
Understanding the rules that apply to custody modifications can help parents ensure they fulfill their legal obligations, which can reduce the likelihood of enforcement actions and lost parenting time. Working with an attorney when preparing for a relocation and negotiating custody modification terms can streamline the process. Parents who comply with the law have better chances of securing approval to relocate or preventing a parent from moving away with their child.
