This is the next post in my series on relocating children outside of the state. My last post discussed the factors which Courts consider during relocation requests. It is important to understand that, when requesting a move, the Court should be provided with as many specifics as possible. The higher the level of detail which the Court is given then the more likely a judge will be to grant the request. If you have questions about what the judge will consider in such a case then it is important that you speak with an attorney as soon as possible. In this article I will discuss another important issue – the filing of a relocation request. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
The first step in bringing a relocation request is to file a Motion with the Court. This is a formal document in which the requesting party will state their desire to move and the facts which support their request. Any documentation supporting the request, such as school information or other records, will be attached to the Motion as exhibits. As explained in my last article, it is important to provide the Court with as much information as possible. This information can include rankings for the school which the child would be attending, crime statistics for your new neighborhood, proof of employment in your new city, etc. The Motion will be filed with the Court and a hearing date will be set. The Motion will then be served upon the opposing parent.
In some instances, the requesting parent may need to move immediately. Examples of this include cases in which a parent has been transferred, with little notice, by their employer. In such cases it may be possible to have the Court hear the matter on an expedited basis. After the responding party has been served with the requesting party’s Motion, then a response will be filed. At the initial hearing the Court will have several options. It can deny the request outright, it can grant the parent permanent permission to move and consider the matter closed, it can grant the parent immediate permission to move on a temporary basis and schedule a trial to determine whether the move should be made permanent, and finally, it can deny permission to move for the time being but schedule a hearing to determine if a move should be allowed. Of these scenarios, the last two are most common.
In my next article I will discuss the process of litigating such matters, which occurs after the initial hearing and before the trial. It is important to remember that no two cases are the same and that how the Court will rule, in any given matter, is going to depend on the specific facts of the matter. By retaining an experienced attorney, you help to ensure that your case is handled properly. If you are in need of assistance then contact my office today to speak with a child relocation lawyer. I pride myself on offering quality service and my firm is ready to assist you. We service 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.