Virginia Custody Laws Moving Out State
After gaining custody of your child, you need to know that moving out of state with your child can be complicated. If you are trying to relocate with your child, you need to know the custody laws regarding relocation in Virginia.
But problems will arise when the parent with custody rights decides to relocate. The parent without custody rights will naturally object to this as they can no longer see his / her child.
When an opportunity to relocate arises, the parent with custody rights must seek the courts’ permission to move out of state. In most cases, the other spouse will file a complaint objecting to the relocation. The judge’s decision will be based on the child’s best interest.
It is clear that the parent with guardianship rights can’t move out of state before getting permission from the Virginia court that had ordered the guardianship. If the custodial caretaker moves to another state with the minor kiddie without the approval of the Virginia court or knowledge of the other caretaker, the relocating caretaker may have to face punishment and other consequences.
The punishment may include fines, a jail term or the non-custodial caretaker may be awarded complete custody of the juvenile.
Here is what you need to know if there is no custody order in force:
- The custodial parent can relocate with the child as long as there is no order from court preventing it.
- Sometimes moving to another state will not affect the Virginia court’s jurisdiction in the matter.
- The court of Virginia will claim jurisdiction as long as the child involved in the case has lived in Virginia for the past six months before the move.
- The court of Virginia, unless this affects the child’s best interest, can order you to return the child to Virginia if the non-custodial parent demands for it.
If the court approves the relocation of the custodial parent and the minor, then it may grant the non-custodial parent less but longer visitation periods. This is possible when the minor moves a long distance away from the non-custodial parent. This is to ensure that the bonding between the minor and their other parent is not affected and to make up for lost time.
Having a Virginia child custody attorney to deal with child custody cases where relocation is involved will help you greatly. Hire a Virginia child custody attorney right now that know the laws regarding moving out of state!
If you need help with a relocation case, call the Law Offices of SRIS, P.C. We are your relocation/moving out of state lawyer in Fairfax, Virginia, relocation/moving out of state lawyer in Prince William, VA, relocation/moving out of state lawyer in Loudoun, VA, relocation/moving out of state lawyer in Arlington, VA, relocation/moving out of state lawyer in Alexandria, VA. C