This is the next post in the series on relocating children out of state. The last article provided an overview of topics which this series will be addressed. It also stressed the need to contact an attorney sooner, rather than later, if you are hoping to move away with your son or daughter. Move away cases are highly contested and it is important that you begin building a case immediately. In this article we will discuss instances in which a court may allow a parent to move their child away from Virginia. If you require assistance then contact our office today to speak with a lawyer.
Courts do not take relocation requests lightly. In order to gain permission to move your child out of state, you will need to show that it is in the child’s best interests to do so. When determining whether a move is in a child’s best interests, the court will consider factors such as:
- Whether the proposed move will improve the child’s quality of life
- The parent’s motivation for wanting to relocate
- Whether the parent, who is requesting permission to move, can be expected to comply with visitation orders
- The opposing parent’s reason for disputing the move
- The feasibility of long-distance visitation
When requesting a relocation, the moving parent must address these factors with as many specifics as possible. This means, for example, that the court should be shown how the relocation will provide opportunities (whether educational, recreational, or extracurriculars) that the child would not have otherwise. The more specifics which a parent can provide to the court, when it comes to these types of issues, then the more likely the court is to grant a relocation request.
One point to stress is that a parent’s move plan should be well thought out. Generally, you will have a much more credible case if you can tell the court the area which you will live in, where you will be working, and where the child will be going to school. Unfortunately, parents sometimes file relocation requests while providing very little detail beyond which state they wish to live in. For obvious reasons, the court is going to take detailed requests more seriously. Before bringing your request before the court, it is important that you discuss your case with an attorney in order to fully understand your options.
If you are considering moving away, then contact our office to speak with a child relocation lawyer.