Parent Relocation Disputes And Custody Modification
Relocation can be difficult when you are a divorced or unmarried parent. It can be a nightmare to pursue a particular career, or move for another reason, when you and the other parent cease to be in a relationship and cannot agree. Parents may find themselves in a dilemma and need to move due to a number of legitimate reasons.
So can one parent stop the other parent from moving out of state with their child? The short answer in Virginia is “Yes, they can always try.” Virginia law can make it very difficult on a parent wishing to relocate with their child, especially when the other parent has been participating in the child’s life and coparenting on a regular basis. In this Commonwealth, the odds are high that the non-relocating parent may successfully delay, and ultimately prevent, the other parent’s relocation WITH the child. Virginia courts might permit relocation of a custodial parent with the child, but based on if the move is in the child’s best interests, not if it is in the custodial parent’s best interests.
What Factors Will The Court Consider In A Relocation Petition?
Each relocation case is unique and can be extremely challenging. The court must consider a parent’s right to relocate, along with the child’s best interests and needs, such as stability, relationships with both parents and family members, and much more. The parent desiring to move must prove to the judge that a material change in circumstances exists, establish the desired relocation is beneficial to the child, and demonstrate how the existing relationship between the child and the other parent will not be substantially harmed.
The judge and Guardian ad litem should consider the following, when determining whether relocation is in the child’s best interests:
- The effect moving will have on the existing relationship between the non-custodial parent and the child,
- How substantially the relocation will affect the non-custodial parent’s parenting time,
- The reason for the custodial parent’s desire to relocate, and
- Family members that may or may not live near the intended relocation address and the child relationships with them.
Whether you are the parent intending to relocate or the parent who doesn’t want your child to move away, there are never any certainties as to what your court outcome will be. If you are the non-custodial parent, it is imperative to offer as much evidence as possible of your positive and consistent relationship and involvement in the child’s life. If you are the relocating custodial parent, you must give the court as many reasons as possible why your move will benefit your child.
Modification Of Custody And Visitation
If the court permits the custodial parent to relocate with the child, it may modify the existing custody and visitation arrangement for the other parent, especially in cases where the new address for the child is a substantial distance away. For example, an “every other weekend parent” might become an “each summer parent.”
Whether you are the parent planning to relocate or the parent who would be left behind, we bring extensive experience to the table. We zealously represent parents on either side of relocation cases, including military families, and help them navigate the relocation issues. Failure of a parent on either side of a relocation case to file the necessary documents with the clerk of court in a timely manner could negatively impact that parent’s relationship and parenting time with the child.
Get Answers And Advice For The Challenge Ahead
It pays to be proactive in a relocation case. To discuss your situation with an experienced Virginia family law attorney, call 757-818-9539 or contact us online to schedule a free initial consultation.
We serve clients throughout in Norlfolk, Virginia Beach and surrounding jurisdictions, including all military bases. We offer military discounts to servicemembers and their co-parents.