Summary: Virginia law requires parents with custody orders to give 30 days’ written notice to the court and other parent before moving. As the adult, you are not prohibited from moving, but the Court does have authority to decide whether your child can move with you. Courts won’t automatically approve relocation of the child, especially if it negatively affects the other parent’s time with the child. Any proposed move may require a custody modification and must meet the child’s best interests. If you or your co-parent are planning to move, legal action is often necessary to protect your parenting rights.
Moving to a new state, or even a new part of Virginia, can be exciting. But if you share custody of a child, it’s not a decision you can make on your own. If one parent objects to the move, Virginia law has specific factors it looks at when deciding whether it is appropriate for a child to relocate away from his other parent. If you’re the moving parent, you want to make sure you meet the factors; if you are the objecting parent, you need to prove the factors have not been met.
What the Law Requires If You Want to Relocate
Virginia Code § 20-124.5 requires any parent with a custody or visitation order to provide 30 days’ advance written notice to both the court and the other parent before relocating. This applies whether you have sole custody, joint custody, or just a regular visitation schedule.
Notice must be written and specific. It needs to include:
- Your new address & phone number, the child’s full name, the case number
- Your planned move date
- Proof that you’ve also notified the other parent in writing.
Simply telling the other parent over text or phone isn’t enough. The notice must be mailed or hand delivered. If you fail to follow the legal notice requirements, you could be held in contempt of court.
The Court Will Consider Several Factors
Giving notice doesn’t mean your move is automatically approved. The other parent can object, and if they do, the court will decide whether the relocation is allowed.
Virginia courts will look at:
- Whether there has been a material change of circumstance
- Whether the relationship with the non moving parent will be negatively affected
- Whether the best interests of the child are served by the relocation (including which location provides the most stability, does the child have an existing connection to the new location, is the moving parent the primary caretaker of the child, will the moving parent support the child’s relationship with the other parent, why is the move occurring in the first place)
In other words, the court wants to know: Will this move help or hurt the child?
If the move makes it harder for the child to maintain a strong relationship with the non-relocating parent, the court may adjust the custody schedule in favor of the parent staying in place.
You May Need to Modify Your Custody Order
Even if both parents agree to the move, you may still need to update your custody order with the court to reflect any new parenting time arrangements occurring as a result of the move.
If the parents do not agree, then
- The moving parent may need to file for an amendment to the custody order.
- The non moving parent may need to file a motion asking the court to prevent the moving parent from taking the child, and to amend the custody order.
In the case of disagreement, a trial is likely. At that point, having a strong legal team is critical.
Take This Seriously, And Take Action Early
Relocation isn’t just about zip codes, it’s about parenting rights. If you move without following the law, you risk court penalties, strained relationships and possibly the loss of parenting time. If the other parent plans to move, you could lose precious time with your child if you don’t respond fast enough.
Norton Pelt helps Virginia parents navigate relocation cases effectively. Whether you’re moving or staying put, we’ll help you understand your rights, protect your parenting time, and fight for what matters most. Let’s get to work.
Norton Pelt
