Parents could be subject to child custody orders for more than a decade, depending on the age of the children when the order is entered. One issue that can be challenging to address is when one parent wants to relocate. Move-away cases often result in arguments about what is in the best interest of the children.
Our family law attorneys at The Law Office of Afsana Chowdhury, PLC, have decades of experience. Our lawyers are skilled negotiators who use family mediation to resolve matters without costly, time-consuming litigation.
Contact The Law Office of Afsana Chowdhury, PLC, at (703) 271-6519 to request a confidential consultation with a Fairfax move-away lawyer.
How the Law Office of Afsana Chowdhury, PLC Can Help You With a Child Relocation Case in Virginia
If you wish to relocate or move away with your child, you need to obtain court approval if there is a current child custody order. Whether you are moving away with or without your child, modifying a child custody agreement to determine a new custody and visitation schedule can be complicated.
Our lawyers at The Law Office of Afsana Chowdhury, PLC, have over 40 years of combined experience. We represent individuals and families as they seek to resolve family issues in the best interests of their families.
When you hire our top-rated Fairfax child custody lawyers, you can trust our legal team will:
- Listen to you to obtain a clear understanding of your situation and your desire for a custody agreement
- Explain the process of petitioning the court to relocate with your child or objecting to a move-away petition
- Gather evidence supporting your position, including working with experts as necessary
- Work with you to obtain a settlement with your child’s other parent for a new child custody and visitation arrangement
- Advocate for your parental rights and your child’s best interests during all aspects of your case
We have received a Superb 10 rating on Avvo and the Client’s Choice Award from Avvo. Our lawyers have been recognized by national legal associations, including the American Institute of Family Law Attorneys, Expertise.com, and the National Academy of Family Law Attorneys.
Call us to schedule a confidential consultation with an experienced Fairfax move-away lawyer.
What Is a Parent’s Right to Relocate With Their Child?
A custodial parent usually can live anywhere in Virginia with their children. Therefore, you may not need to file a move-away petition with the court if you are relocating within the state. However, your move cannot significantly impact the other parent’s rights under your current parenting plan and time-sharing agreement.
Moving a long distance away from your child’s other parent could be problematic. If the move will prevent the parent from exercising their court-ordered visitation, you may need their agreement to move and a court order modifying visitation. If they object to the move, you must battle them in court.
Relocating to another state with your child requires a court order or the consent of both parents. Typically, relocating to another state requires a court order even if both parents agree because the relocation changes custody and parenting-time arrangements. The only way to enforce new custody terms is to have a new court order.
How Do Virginia Courts Decide Move-Away Petitions for Relocation?
Under Virginia law, decisions related to relocating with a child are decided based on the same standard the courts used for deciding custody matters which is whether the move is in the best interest of the child.
Parties intending to relocate must provide 30 days advance written notice to the court and the other party. This is a requirement under Virginia law (Code § 20-124.5) for any custody or visitation order.
Regardless of whether you have sole physical custody or share joint physical custody, you must petition the court for approval to move with your child to another state. Even if your child’s other parent agrees to the move, the court reviews the case to ensure the move is in your child’s best interest.
Factors Used to Determine If a Move to Another State Is in a Child’s Best Interest
The courts use the same factors to determine a child’s best interest in a custody matter to decide a move-away petition.
Those factors include, but are not limited to:
- A history of domestic violence
- The child’s needs
- The quality and continuity of a child’s education
- A parent’s willingness to meet the needs of the child and the responsibilities of having custody
- The child’s reasonable preference for where they live
- The strength of a child’s relationship with each parent and any siblings
- The number and age of children
- A parent’s ability to cooperate, agree, and communicate on matters related to the child
Judges may consider other factors in a move-away case that are relevant to deciding whether the move is in the child’s best interest. For example, the court may consider the impact the move has on the relationship between the child and the non-custodial parent.
Schedule a Consultation With Our Fairfax Move-Away Lawyers
Whether you are the parent moving away or object to your child moving away from you, our Fairfax move-away lawyers can help. Call The Law Office of Afsana Chowdhury, PLC today to schedule a confidential consultation to discuss your rights and legal options with a Fairfax move-away lawyer.
