Legal Question in Family Law in Virginia

Re: Moving out of state

You can file a motion with the court to try to prevent that parent from moving out of state. Whether or not the court would grant your motion depends on the reasons for the move and how it would affect the child/children.

Re: Moving out of state

Relocation in custody cases present the toughest questions in the domestic arena. While no court can prevent either parent from moving (unless there's some sort of criminal probation in place), in custody cases a court could condition moving on a change of custody to the parent who does not move. The major question is whether moving the child away from the other parent, familiar school and neighborhoods, friends, etc. is in the best interest of the child. Some consideration is given to the parents, but the overwhelming focus is on the children -- what's in their best interests. If you wish to challenge the move, you have to be prepard to become the custodial parent and prove that it is in the best interests of the children to stay back when mother moves.