Imagine this: Beth and Jim have three children, ages 15, 10, and 7. They went through a difficult custody battle, but ultimately, Beth got primary custody of the children; Jim received considerable visitation. This equated to extra long weekends every other week of each year, half the summer, and equal division of all the school holidays.
Jim is a very involved father, attends all his children’s extracurriculars, and knows his children’s teachers. Beth and Jim live about forty minutes from each other. Two years after the initial custody order is entered, Beth marries a man named George. George has a job in IT, and his company has transferred him from Virginia (where the divorce was filed) to Arizona. Beth notifies the court and Jim of her change of address in the required period of time (Virginia Code Section 20-124.5.) that she and the children are moving.
Most people think that because Beth received primary custody, Jim will lose out on his visitation. The burden will be on Jim to fly out to see his kids and work around Beth’s schedule.
Well. Not exactly.
The courts recognize that Jim’s presence is crucial to his children’s best interests and will burden Beth to show the move is in the children’s best interests.
YOUR RIGHTS WHEN THE OTHER PARENT WANTS TO RELOCATE
The court looks at several factors when deciding if a move is allowed. These include:
- The reason for the move
- How it will affect the child’s relationship with the non-moving parent
- How the move will impact visitation
The parent who wants to move must prove that relocating is in the child’s best interest. For example, employment opportunities are only available to the new parent in the new area, and a higher standard of living and proximity to extended family can be considered.
The non-moving parent must demonstrate their involvement in their child’s life. In Jim’s case, this means showing that he attends school events and extracurriculars, is present at doctor’s appointments, and never misses his visitation time (something we pointed out in the opening section). Attending significant events and daily routines strengthens Jim’s case. Documenting involvement is also helpful during court proceedings. Parents like Jim should actively participate and keep records of their interactions and contributions to their child’s well-being.
A parent like Jim, who is involved in their child’s life, has a better chance of preventing a move. It is essential to show that the move would harm the relationship between the parent and child.
Jim and parents like him must present evidence demonstrating their active role and the significance of their relationship with the child. Courts may view relocation attempts as limiting the non-custodial parent’s involvement.
Take Care of Your Family With Our Support
If you are facing a relocation case, knowing your rights and taking action to protect your family is essential. Although we discussed fathers today, remember that this blog applies to mothers in the same situation. If your former spouse wants to move to a new location with your child, come in so we can talk about your situation specifically. Schedule your consultation with us here.
Norton Pelt
