Legal Question in Family Law in Virginia

Relocation

I have sole custody of our 6 yr old son. Does it mean when you get a divorce in one state that you cannot move away to another state if you have children? I'm interested in transferring to another position within my company (not immediately - next year), but the positions are out of state. It would mean the best for my son and I financially. I'm very open to alternating school breaks and allowing split summer break visitation with my ex husband. (We are not on good terms, so I'm sure we would have to involve lawyers) In reading, it seems that it's very hard for the custodial parent to relocate out of state. Am I stuck in the state that I got divorced in? Pls advise.


Asked on 7/17/04, 9:11 pm

1 Answer from Attorneys
Tommy Smith Law Offices of Tom C. Smith

Re: Relocation

Check your Final Divorce Decree for the specifics. In VA, one parent must give the other 30 days advance notice of intent to relocate. That's it unless there is a more specific provision in your Decree.

This notice provision is to enable the other parent to ask the court to review or amend the custody before moving. So there is probably no prohibition on you moving now, but there me be once you provide the notice.

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Answered on 7/17/04, 9:29 pm


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