After a marriage breaks up, it’s common for parents to want to relocate to other places with their children. Since this is an issue that leads to a lot of disagreement between the parents, a court intervention is more than often required. Both parents have the right to control the child upbringing, but it’s not to say that a reasonable request to relocate will be denied as there is a child/parental relocation law in Virginia that regulates the whole process.
Mutual agreement on child relocation
Both parents can have a mutual agreement about a child’s relocation. If both of you agree to the child relocation, then the court cannot object it. However, if there are concerns from child protective services or other child agencies, then the court will be involved. If the parents agree about relocation pending divorce, the terms of the agreement will be included in the marital settlement agreements, but after the final process of divorce, both parents will have to file the post-judgment stipulation to modify the terms of relocation. If you have arrived at an agreement, it’s always recommended that you involve a family lawyer to make the agreement legal.
Objection to the child relocation from non-custodial parent
This is one of the most common scenarios: a parent with primary custody of the child wishing to move with the child but the non-custodial parent objects it. If the objection occurs when the divorce is pending, then both parties will have to resolve the dispute through litigation. Most likely this may necessitate a trial, but in any case, the person intending to relocate with the child must prove to the court that the move will be beneficial to the child.
Procedural requirement for relocation after divorce
Any parent with an intention to relocate with the child out of the state of Virginia is required to notify the other parent in writing, 30 days prior to the scheduled move. He or she should provide hurdle of proving that there have been some changes before the custody order was issued. Other than that, the parent seeking relocation should prove that the relocation is not substantially impairing the relationship between the child and the other parent. The other parent must state in writing if he or she objects to the relocation. The objective parent should give reasons for objection.
Child relocation is a relatively complex issue in Virginia, and it’s always wise that you arm yourself with a child custody attorney. Working with an attorney will help you understand your rights and options. The lawyer