Legal Question in Family Law in Virginia
Crossing state lines with children
I have physical custody of a child, but share legal custody. What are the laws concerning moving out of state with a child when you share legal custody with the other parent?
2 Answers from Attorneys
Re: Crossing state lines with children
What if anything does either your final divorce decree or PSA say about moving? If the issue is addressed you need to follow the requirements of the decree or the PSA. If it is not addressed in either of these documents you should give the noncustodial parent as much notice as possible concerning your planned move. Under no circumstances should you move without notice and the written consent of the noncustodial parent. If there is an objection by the noncustodial parent or you can't get written consent you need to seek permission of the court. The court will apply a best interest of the child in determining whether or not to permit the move. Whatever steps you should consult an attorney.
Re: Crossing state lines with children
It is likely that the final decree of divorce or another decree regarding the child requires at least 30 days notice if you intend to move your residence. That is to give the other parent a chance to petition the court to block the move of the child, usually by changing the arrangements regarding physical custody.
A court would frown on your making a move with the child and then informing your ex.