Legal Question in Family Law in Virginia
Moving
I have sole legal and physical custody of my two children. Their father lives in another state and has visitation rights. If I am moving do I need to notify him. I am only moving about 30 min away from my current residence staying with in the state. I have read conflicting information that says that I need to notify him before, and then other stuff says as long as its with in a certain time period. I have also read that I do not need to notify him since I have sole custody. I understand that there is a Virginia Code about giving advance written notice but is this something that I am suppose to do since I do have sole custody. And if I dont give the advance notice with in the given period will I get in trouble for contempt. I just want to make sure I have the correct information and know what I am suppose to do. Thank you
1 Answer from Attorneys
Re: Moving
It is almost certain that your custody order has language in it to comply with the following Virginia Code requirement.
Va. Code � 20-124.5. Notification of relocation.
In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days' advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise. The court may require that the notice be in such form and contain such information as it deems proper and necessary under the circumstances of the case.
Check with your court to determine whether or not they have a standard form for this.
If you notify the court and the other parent of the proposed change of address, you are in compliance with the law and cannot be held in contempt.
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