Figuring out child custody can be a difficult process. But even after custody has been established parents are required to abide by the laws that govern related issues. One of these related issues concerns moving with a minor child. In Virginia, if a custodial parent wishes to move out of state with a minor child, they must provide advanced notice to both the other parent and the court. Should the other parent disagree with the move, they have the right to request that the court deny the relocation or they can ask for a change in custody.
Reporting a Desire to Relocate
If a custodial parent wants to move with their minor child or change their child’s address in any way, they must report it to the court and the other parent at least 30 days prior to when the move would occur. Prior to a judge approving of the relocation, the parent who is requesting the change must show the court that the move would be in the child’s best interest. This means that they must demonstrate that there is an advantage to the parent and that it would not be harmful to the best interest of the child. This may require presenting evidence such as documents or witnesses who can help to support the reason for the move.
Best Interest Factors
In these cases, the court will also look at best interest factors before approving the move. Such factors include:
- The child’s age;
- The child’s physical and mental well-being;
- The relat