When a custodial parent desires to relocate with a child, there are several factors to consider. Will the non-custodial parent consent to the relocation? Will the non-custodial parent attempt to stop the relocation? If a court order is currently governing the physical custody of the child, Virginia law requires each parent to give thirty days advance written notice to the other parent and to the Court of any intended change of address. Without giving this notice a relocating parent's custodial privileges can be seriously jeopardized.
The Code of Virginia does not specifically address the issue of relocation. A non-custodial parent who objects to a custodial parent's relocation can petition the court to enjoin the relocation. At the hearing, the custodial parent can present evidence as to why the child's best interest will be served by allowing the relocation. Conversely, the non-custodial parent can present evidence as to why the relocation will not be in the child's best interest.
The factors the court will consider when determining whether or not to allow a custodial parent to relocate include:
- Why does the custodial parent wish to relocate? Some of the reasons may include: better employment opportunities, improved economic circumstances, and relationships with extended family in the desired location. However, although the relocation may be in the best interest of the parent, if it is not also in the best interest of the child, the court may not allow the relocation.
- Will the relocation significantly impact the non-custodial parent's visitation or custodial time with the child? The distance of the desired move is a factor the court will consider when evaluating a custodial parent's desire to relocate.
- What, if any effect, will the relocation have on the relationship between the child and the non-custodial parent? If the non-custodial parent has a loving relationship with the child and is active in the child's life, the court may find it more difficult to approve the relocation. In a case where the non-custodial parent has little or no involvement in the child's life, the court may be more inclined to allow the relocation to occur.
MODIFICATION OF VISITATION AS A RESULT OF RELOCATION
In the event a court approves a custodial parent's relocation, the non-custodial parent's visitation or custodial time with the child may require modification. If the relocation will prevent the non-custodial parent from exercising his or her court-ordered visitation with the child, the non-custodial parent can request the visitation schedule be modified to allow that parent quality time with the child. As an example, an "every other weekend, alternating holiday and extended summer visitation schedule" might be revised so that the non-custodial parent will have increased time with the child during school breaks, holidays and summer vacation periods.
Whether and how the child's best interest will be served by modifying an existing custody order is the essential question in the relocation of a child and can be one of the most contentious issues between parents.
At your initial consultation, Ms. Pacetti will explore the possibilities your case presents and discuss all options available to you. For more information about how Ms. Pacetti can assist you with your relocation matter, contact us to schedule a confidential consultation.
Pamela M. Pacetti
Attorney at Law
3919 Old Lee Highway, Suite 82-C
Fairfax, Virginia 22030
Telephone: 703-591-0056
Facsimile: 703-591-2443
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