Legal Question in Family Law in Virginia

Re: moving out of state

Why worry about what your ex might do or how a court might rule on his possible objection to your proposed out of state move?

Your main concern should be to ensure that you comply with the provisions of your current court order regarding such a move which is presumably that you provide both the court and your ex with at least 30 days advance notice of your intended move. (Given the six of one versus half dozen of the other aspect of your move, it's likely that little will happen to oppose or seriously impede it.)

Re: moving out of state

You should consult with a Virginia lawyer to discuss the application of the law to the facts of your particular situation. The guiding principle in child custody and visitation cases is the best interest of the child, as to be distinguished from the best interests of the parents.

The Virginia Court of Appeals in Wheeler v. Wheeler stated the standard of review for a decision permitting the out-of-state relocation of a parent:

A court may �from time to time . . . revise and alter [a] decree concerning the care, custody and maintenance of . . . children and make a new decree concerning the same, as circumstances of the parents and the benefit of the children may require.� Code � 20-108; Bostick v. Bostick-Bennett, 23 Va. App. 527, 534-35, 478 S.E.2d 319, 323 (1996). A court may forbid a custodial parent from removing children from the state without the court's permission, or it may permit the children to be removed from the state. Scinaldi v. Scinaldi, 2 Va. App. 571, 573, 347 S.E.2d 149, 150 (1986). In determining whether to modify a decree giving a custodial parent permission to remove children from the state, the court must find: (1) a material change in circumstances since the prior decree; and, (2) that relocation would be in the children's best interests. Bostick, 23 Va. App. at 535, 478 S.E.2d at 323; see also Code �� 20-108 and 20-124.3. Additionally, �the added difficulty in maintaining a beneficial relationship between a child and a non-custodial parent should not be the sole basis for restricting a custodial parent's residence except where the benefits of the relationship cannot be substantially [Page 289] maintained if the child is moved away from the non-custodial parent.� Scinaldi, 2 Va. App. at 575, 347 S.E.2d at 151.1

Wheeler v. Wheeler, 42 Va. App. 282, 288-289, 591 S.E.2d 698, ___ (2004)

Re: moving out of state

The Court considers the best interests of the child. It appears that the father's contact with the children has not been very strong and that will certainly work against him. Also, you are only moving an hour away and if he cannot show that it adversely affects his visitation then I do not see a court blocking your move. I would highly suggest that you speak with an experienced family law attorney that can review your situation.