Legal Question in Family Law in Virginia

Re: child visitation

Out of state moves are the largest increase in custody challenges over the past five years. Generally speaking, creating distance between a child and the non-custodial parent puts the whole issue of custody into play again. Of course, if you are and have always been the more significant parental control in the child's life, then losing custody is a long shot. If your custody has had problems, this makes you very vulnerable.

If you retain custody and the court finds that the move is in the child's best interests then the court would require the non custodial parent to share in the travel or the travel expenses. Situations for best interest includes moving to where the extended family lives and creating more familial contacts for the child. Following a new husband to a new job opportunity would be the opposite of that. In such a case the court may require you to shoulder all of the travel since you were the one to create the distance.

Good luck.