Legal Question in Family Law in Virginia

Re: child cutody, moving out of state

Technically speaking, the father cannot prevent your move; his remedy if he is unhappy with the move is to petition the court for custody of the child or children he fathered. The question then becomes what is in the best interest of his child or children; it is almost completely fact-based, and the focus is the child or children, much more than the parents.

If the father is aware of your intent to move (you have a responsibility under the Virginia Code to give him and the court which granted the divorce at least 30 days notice) it is entirely possible you and he can come to some agreement about revising his visitation schedule, such as giving him larger blocks of time in the summer and during school breaks, and avoid the expense and trauma of a custody battle.