Dealing With Parental Relocation Proposals in Virginia
When a parent with primary custody of the children considers moving away from Northern Virginia, there's more to think about than selling the house and starting a new life elsewhere. There are the rights and interests of the noncustodial parent and the increased difficulty of maintaining a visitation schedule. Most of all, the best interests of the children must be taken into account.
No matter which side of a parental relocation proposal you might find yourself on, the family law attorneys of MacDowell & Associates can advise you about your rights and help you meet your legal responsibilities.
Call 703-763-0923 for Advice About Parent-Child Relocation in Fairfax County, Prince William County, Loudoun County, and the City of Alexandria
Because courts typically order joint legal custody between the parents after divorce, each parent has an equal voice in the most important decisions affecting a child’s welfare and opportunities. If the parent with primary physical custody proposes to move the child out of state or to a distant part of Virginia, it's easy to see how the other parent's legal custody can be adversely affected.
If a court order pertaining to custody and or visitation has been ordered by the court, Virginia law requires the parent proposing the relocation to give the other parent and the court at least 30 days' advanced written notice of the move. The relocation notice should provide when the move shall occur, the new address of the residence, the telephone number of the new residence, and the mailing address if different from the residential address.
After receiving notice, the other parent must object to the relocation proposal, or negotiate a modified relocation agreement that meets his or her concerns. If a parent expresses timely opposition to the relocation, a judge will decide the issue on the basis of the best interests of the children.
At MacDowell & Associates, our lawyers can help you whether you are the parent proposing the move or the parent who opposes relocation. Relocation cases can be very difficult, especially if the other parent has a strong relationship with the children. If there is a disagreement over the parent being able to relocate with the child, the court must determine that the relocation directly benefits the child and that it is in the child’s best interest to relocate.
To learn more about the best ways to present your case for or against relocation, contact an experienced attorney at our office in Fairfax.
