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Moving kids out of state ?
Anonymous8 views3 answers
My ex and I have legal custody. I have physical custody. We do not live in the same state currently we are a hour drive away. I want to move w/ kids 14 hours away. I will still maintain current visitation schedule no problem. Can my ex not allow the move? But my ex lives in another state currently and I don’t agree with them living in that State.
The law in the case is pretty complicated. One thing for sure is that you have to give the other parent in a custody order advance notice of your intent to move to another place. That gives the other parent a chance to object to the move because it will affect how the court's order will be followed. It is better NOT to shoot first and ask questions later because a judge might make big changes in the previous order. Courts generally don't like when parents take the law into their own hands. You really should think about meeting with a trusted family law attorney and explaining the situation before making any moves. As another attorney has suggested here, in many cases the best strategy is to try to reach an agreement with the other custodial parent instead of fighting it out in court.
If you have an existing order of custody from Virginia, there will be a requirement per Va. Code 20-124.5 to provide 30 days notice of a move.
You can move wherever you want. The other parent can only object to the children moving. If that is the case, then the court's decision is either let the children move with you, or move them to live with the other parent, unless you forego the move and stay in place.
One aspect the court considers is whether the move adversely impacts the children's relationship with the other parent. You can address that by maintaining the same visitation plan.
One thing to consider is coordinating this with the other parent. Work out the details, and sign and agreement that allow the children to move, and to maintain the visitation plan. Win-win.
Relocation cases can be very tricky! There are two main things you need to prove, per case law: 1) the move is in the child’s independent best interest and 2) the move won’t negatively affect the relationship between the non-moving parent and the child. If you can continue to maintain the visitation despite the distance, you’re off to a good start. This is the type of case, however, that requires an attorney to help you analyze the ins and outs to determine any potential pitfalls and address the weaknesses in your case. Find someone familiar with relocation cases!
