Legal Question in Family Law in Virginia

Re: Relocation in and out of state

I agree that 30 days notice to the other parent and to the court is required but your question has more to do with will the judge allow the move for the children if the mother challenges it. The answer to that has everything to do with why you have custody and why the mother doesnt. The question is also ruled by how worthy she is of custody. Ultimately if you are the majority parent and the move is in the best interests of the children then the judge will allow it. Mother will have the uphill argument to make to keep them in Virginia with her.

You need do nothing if you want to move but give the notice. Since mother does not have a specific visitation schedule, you do not run the risk of being held in contempt of court if you otherwise reasonably accommodate her. If she did have a specific schedule you would have to violate it by making transportation impossible. You would then ask the court to modify the schedule if you and she could not otherwise agree to it. Which, is what I would also recommend as an opening move - talk to her and see if an agreement on a different schedule is possible. Obviously I would recommend (if mother is otherwise worthy) extended holiday visitation with parents splitting reasonable costs, large summer block and permission for mother to visit them in their new home city as often as she likes. Obviously 165 miles can be accommodated much easier than 3500 miles.

If it goes to court you'd need a better than average lawyer to get you through it.

Good luck

Re: Relocation in and out of state

Once you decide where it is that you wish to move with the children, you must provide 30 days advance notice to the court which issued the custody order as well as to the children's mother before undertaking any such move.