Long after child custody and parenting arrangements are settled in a divorce, a parent with custody may wish to move a considerable distance away. In Virginia, this cannot be done unilaterally. There must be notice given 30 days in advance to the other parent, who has the right to challenge the move in court. This statutory requirement allows the non-moving parent sufficient time to present evidence against relocation and to seek modifications to visitation or custody arrangements.

The court’s prime consideration in assessing a request for permission to relocate is the best interests of the child, as outlined in Virginia Code § 20-124.3. The judge examines a range of factors, including the child’s age, their physical and emotional needs and the existing relationships with each parent. The moving parent carries the burden of proving to the court that the proposed relocation is not being done out of spite, but rather is motivated by legitimate reasons that benefit the child as well as the parent.

Legitimate reasons for relocation may include a new and better employment opportunity, pursuit of higher education, remarriage or being closer to supportive family members. Conversely, motivations arising from an intent to deprive the other parent of access to the child — such as moving to interfere with parenting time or undermine the parent-child relationship — are not acceptable.

The custodial parent seeking court permission must provide credible evidence demonstrating that the move will not materially harm the relationship between the child and the non-moving parent. Courts are skeptical of relocations that would drastically reduce the frequency, quality or meaningfulness of parent-child contact. For example, a judge may bar a proposed move if:

• The non-custodial parent has been a consistent, deeply involved presence in the child’s life and regular visits would become impractical due to distance.

• The child has established community, educational and extended family ties in their current location that would be disrupted.

• There is evidence suggesting the custodial parent is acting in bad faith or has failed to encourage the child’s relationship with the other parent.

When the relocation involves significant geographical distance — such as out-of-state or cross-country — the court may impose measures to alleviate the negative impact of separation and to support ongoing, meaningful involvement with the non-relocating parent. This may include modifying visitation rights to award longer blocks of parenting time during school vacations; creating a detailed holiday and summer visitation schedule; arranging for virtual visitation through video calls, regular phone calls or electronic communication; and ordering the relocating parent to shoulder travel costs for visits. 

Virginia parents contemplating relocation should consult an experienced family law attorney early on. Skilled legal counsel can help formulate a comprehensive moving plan that meets statutory notice requirements, addresses the child’s relationship with both parents and anticipates the likely concerns of the court. An attorney can also present persuasive evidence regarding the reasons for the move. Proper preparation increases the likelihood of presenting a compelling case that the move serves the child’s best interests while respecting the rights of the other parent.

Whether you are requesting or opposing permission for a relocation, a child custody lawyer at Harding, Harding & Harding Attorneys at Law can help. We are located in Virginia Beach, Chesapeake and Norfolk. For a free consultation, call 757-499-2600 or contact us online.