The Hampton Roads is a very transient area, especially with of the high military presence in the area. This naturally leads to having to relocate families and children. This is not so easily done, however, in situations of split families where one parent is remaining in the Commonwealth.
Pursuant to Va Code § 20-124.5, every child custody order in the Commonwealth of Virginia must include a notice that each party is to give the other party 30 days notice of any relocation. One of the intents behind this notice is to allow the non-relocating party time to file with the court to bar the relocation of the minor child who is subject to the order.
If, for example, a custodial mother wants to relocate the child out of the state and away from the non-custodial father, she has a burden of proving that the move would be in the best interests of the child. There is also a further burden of proving that the relationship and visitation with the father would not be hindered by the move. This is a difficult burden to overcome, especially in cases with a non-custodial parent who is extremely active in the child’s life.
At Hadley Law, PLC, we are experienced with child relocation cases. Call (757) 498-1800 to set up an appointment to discuss the particulars of your case and what needs to be done to fight it through the courts.