Relocation Lawyer Virginia
In Virginia the custodial parent that wants to relocate the minor child has to give advance notice of court and the other parent which is why working with a relocation lawyer Virginia residents trust is often in your best interest. It’s not uncommon for divorced parents to move for a new job or marriage but it can create problems for the other parent in the long run.
If the other parent doesn’t agree with the move they cannot court to deny the relocation or request a change in custody. This is where things can get complicated and why working with a lawyer who is not only qualified but experienced in relocation laws is a good idea.
If the custodial parent wants to move with her minor child or just change the child’s address they will need to tell the court and the other parent at least 30 days in advance. If the other parent disagrees with the move it then moves on to meeting court approval.
There are some steps that the custodial parent has to make before a judge will approve relocation. The parent that is proposing the change has to demonstrate that moving is in the child’s best interest which requires showing that there is a real advantage to the child and they also have to prove it is not harmful to the best interests of the child. This means you may need to call witnesses, show documents, or present any other evidence you believe that will be helpful in showing the court that you have a sincere reason for moving. Your lawyer can help gather these different resources and give you the best chance at proving that relocation is in the best interest of the child.
The court will also look at specific factors to determine if the move is going to be approved or not. Some of the best interest factors that are included in this are:
- The child’s age and physical and mental condition
- Each parents age and physical and mental condition
- The relationship between each parent and each child
- The child’s needs which include considering the relationship the child has with their siblings, peers, and extended family
- The role each parent has played and will plan the future of the upbringing and care of the child
- The child’s preference if the court believes the child is mature enough to express a reasonable preference
- Any history of family abuse or sexual abuse
- The parent’s ability to support the child’s contact and relationship with the other parent
- Any other factors the court believes to be important
The parent that is requesting a move cannot relocate until the judge gives their approval. Depending on the judge they could make you wait for a letter in the mail or they also give you their decision upfront.
No matter the case, working with the relocation lawyer in Virginia is often in your best interests and if you have any more questions about what May Law LLP can do for you don’t hesitate to reach out today.