Can I Relocate with Joint Custody in Virginia?

Are you trying to relocate with your children but must consider your custody agreement? Here’s what you need to know about Virginia relocation custody cases.

Virginia Law and Relocating In or Out-of-State

If you are the custodial parent and decide to move to a different part of the state or to another state in the country, this creates a relocation custody case. In Virginia, you must provide the other parent and the Court a notice of address change 30 days prior to the intended move.

The noncustodial parent then has a right to file a temporary injunction preventing you from moving the minor child until there is a trial.  If you do move after providing the required 30-day address change and the noncustodial parent does not file anything, you could still be ordered to bring the child(ren) back to Virginia.

Winning a Relocation Custody Case

If the non-custodial parent is not fulfilling their duties to provide child support, maintain a healthy relationship with the kids and engage in parenting time regularly, your attorney can build a strong case that shows that moving out of the state will not adversely affect the relationship between the children and the noncustodial parent.

Nurturing Healthy Relationships

To win a relocation custody case you must demonstrate that the move will not interfere with the children’s relationship with the non-custodial parent. This can be difficult to do, but you can:

• Demonstrate a regular pattern of assisting in meeting all parenting time appointments, facilitating moves between custodial and non-custodial homes, showing flexibility in scheduling changes, communicating with the other parent and more.
• Show extensive knowledge of technology that will allow virtual visitations such as Zoom, Skype, FaceTiming, and other platforms.
• Prove that your financial resources can provide for flights, busses, hotels, and other travel expenses so that children can visit the non-custodial parent regularly.
• Show that the children’s new school district is equal or superior to their previous one.
• Show a comparison of the job opportunities in the new location with your current employment
• Bring in expert witnesses (education consultants, real estate agents, etc.) to compare the two locations.

On the contrary, if you are the non-custodial parent, you can supply your own expert witnesses to question and undermine the arguments in favor of the move.

Attorney for Virginia Relocation Custody Case

Whether you are trying to relocate or trying to prevent your spouse from relocating with the kids, it is imperative to have a good, experienced attorney on your case. Make sure that your rights are protected and ensure your relationship with your children by choosing a great family attorney. To learn more, contact Cook, Craig & Francuzenko today.