This is the first post in a series which will discuss the process of relocating a child away from area, either somewhere else in Virginia or out of state. There is, perhaps, no issue which causes as much tension between parents as does the move away of a child. This tension is understandable as such cases are almost guaranteed to leave one parent upset with the outcome. The goal of the coming articles is to help parents understand the legal issues which arise in such cases. It is also my goal to provide information which will help people to make an informed decision when they are selecting a family law attorney. If you require assistance then contact our office today to speak with a lawyer.
We will be addressing several topics over my coming articles. Issues which will be covered include:
- When Virginia Courts will grant a parent permission to move out of state with the child
- Filing to request to move a child out of state
- Litigating such matters
- What to expect during the trial process
- How long-distance visitation typically works in such matters
There are multiple reasons why we are choosing to address these issues. First, a parent will not be given permission to move out of state, with the child, simply because they wish to. The requesting parent must show that the relocation will be in the child’s best interests, and that an adequate long-distance visitation schedule can be maintained. Second, when one is filing a request to move away with the child, it is important that they provide the court with as much detailed information as possible. Third, discovery is crucial to both requesting, and opposing, an out of state relocation. Fourth, knowing what to expect at trial can help a parent to be prepared for the process. Finally, it is important that parents follow the court’s visitation orders. Failing to do so can result in the judge revisiting custody and visitation.
One point to stress is that it is important to contact an attorney as soon as possible if you wish to move your child out of state or if you wish to oppose such a request. Waiting to file a request can cause the court to question the necessity of the move or the sincerity of a parent’s opposition. By contacting counsel sooner, rather than later, you help to ensure that your rights remain protected. Contact our office today.