Relocating a child a significant distance away from their noncustodial parent is one of the most sensitive and difficult matters to arise in Virginia family law. If a parent wishes to relocate their child out of Virginia they must receive the Court’s approval to do so. Relocating a child without the Court’s permission may be considered child abduction, a felony offense. Garrett Law Firm, PLC is experienced in both helping parents win the approval to move their children out of state and helping noncustodial parents prevent their child from being moved away from them. Contact our office today.
Experienced Norfolk & Virginia Beach child relocation lawyers
Receiving permission from the Court to relocate a child outside of Virginia can be difficult to achieve. Virginia law does not have hard and fast rules regarding whether or not they will allow a child to be relocated. Instead they look at whether a move is in the best interest of the child. They may determine that by considering:
- The effect the relocation will have on the relationship between the child and the non-custodial parent
- How significantly the relocation will affect the non-custodial parent’s visitation with the child
- The reasons for which the custodial parent wishes to move, such as relationships with extended family, economic opportunities, future opportunities for the child, etc.
The Court will also take into consideration the non-custodial parent’s current level of involvement in the child’s life under your current child custody arrangement. If the non-custodial parent has enjoyed an active and positive relationship with the child, and a relocation would be detrimental to that relationship, the Court may refuse to allow the child to be relocated. The Court is always concerned with considering the best interest of the child, not the best interest of either parent. It is the duty of the parent seeking to relocate to prove that such a move would be a benefit to the child. Our family law attorney’s will help you prove your case, whether it is showing that your child would benefit from moving, or that your relationship with your child would be negatively impacted by a relocation. Call us today at (757) 422-4646. We serve clients in Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Newport News, Hampton, Williamsburg, and Yorktown, as well as the surrounding counties of Northampton, Isle of Wight, York, and James City.
Attorneys handling matters where a parent wishes to move children outside of Virginia
If your child has been allowed to move out of the state, you will need a modification of your child custody order. If you have utilized your child visitation, the Court will award you a new visitation schedule that will continue to promote the relationship between you and your child. If travel is required for you to now visit your child, the custodial parent may also be required to pay your travel costs. Likewise, if you have been blocked from relocating your child out of state, and must move without your child, the Court will modify custody and visitation arrangements. Our office is experienced in establishing new visitation schedules to protect each parent’s relationship with their child. We understand that the idea of being away from your child is stressful and you likely have many questions about how the law pertains to your case. We will assist with modifying your custody Order as well as child support. We are available to answer your legal questions, 24-hours a day, 7 days a week. Email us today or call our office at (757) 422-4646.