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.
