As you will find in most states,Virginia courts are firmly in the corner of the children. Anyone who has been through a protracted child custody battle knows this is the case, as the Virginia courts will strive to determine what is in the best interest of parties’ minor children.

It’s rare when a child custody agreement or visitation plan remains satisfactory to all parties concerned for an indefinite period of time. However, some of the most contentious child custody battles take place when the custodial parent attempts to move away, making it impractical or impossible for those with visitation rights to continue their contact with the child.

Whether you are the parent who is planning to change your residence, or you are trying to prevent someone from moving your child away from you, there are some things that you should know.

If there is no custody order in force:

• Either parent can move away and take the child with them as long as there is no injunction or other order preventing it.
• A move out of state—even if the party establishes residency there—does not necessarily affect the Virginia court’s authority in the matter.
• Virginia courts will still claim jurisdiction as long as the child lived in Virginia in the last six months preceding the move.
• Virginia courts will more likely than not order you return the child to Virginia if the other party requests it.

If there is a custody order in force, and the custodial parent is attempting to move the child out of state, here is what the courts will consider when deciding whether or not to grant the request to relocate:

• The custodial parent must prove that the move is in the child’s or children’s best interest. Conversely, the opposing party would try to show that it isn’t.
• The court will balance the interest of the minor child or children in their relationship with the parent who is not relocating with the interest of the child or children in relocating. The court will balance the equities in their decision making process.
• Having sole legal custody does not translate into being awarded the right to relocate out of the jurisdiction with your child or children.
• The party that wants to move must research the area that they intend to move to. Information about the neighborhoods, schools, et cetera is a substantial component of the legal strategy.
• The party requesting the move should attempt to show that it’s not designed to cut off members of the extended family. Moving to another area where the child is likely to have a rich family life helps to bolster the claim that the move is in the child’s best interest. The courts are not likely to favor moves that are designed to cut off family members who currently have a legal right to see the child.

Regardless of which side you come down on in a Virgina child custody dispute: whether you’re the custodial parent or have visitation rights; whether you want to move away or prevent a move with your child, you will require the services of a reliable and experienced Virginia family law attorney. A good family law child custody attorney, with knowledge of Virginia statutes and case law, can develop a legal strategy that’s conducive with your goals.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a divorce attorney? Do you have questions about child custody and leaving Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.