As an individual who is divorced and has primary custody of their child, nothing is more important than to devote your life to ensuring you do everything in the best interests of your child.
While this typically means providing them with a good education, ensuring they have the best medical care, and more, at times, it can also mean having to relocate to another state or city.
This can be due to several factors, the most important ones being a stable source of income and better quality of life. However, for divorced individuals with children and a co-parenting plan, this can be a complication.
What if the non-custodial parent doesn’t want you to relocate? What then? Considering this, we’re going to talk about how you can navigate relocation within the purview of Virginia law.
The Impact of Relocation on Your Custody Under the Law
The legal definition of ‘relocation’ is essentially a change in address. But if you’re in Virginia and want to relocate to another state, city, or address, it is mandatory to give 30 days’ notice according to the Virginia Code 20-124.5.
In addition, there may also be additional factors to keep in mind, which will mainly be associated with the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).
The Necessity of the UCCJEA
One of the main advantages of the UCCJEA is the fact that, if a custodial parent relocates legally, completing all the required parameters, the act ensures that they will be able to cross any state border line. The parent will never have to worry about getting into trouble.
For example, if the non-custodial parent decides to be dicey to accuse you of kidnapping the child or running away with them, with a legal order under the UCCJEA, you will not be touched.
Always Consider the Legal Parameters of Your Custody Order
Your custody order is a very important document that can also be your manual of instructions and guidelines when it comes to legally relocating with your child as a primary caretaker.
Even if you’ve done everything legally, you should always refer to your custody order and find out what it says about relocating and whether you need to get the permission of the non-custodial parent or the court to do so, especially if the move is a long-distance one.
However, if something in your custody order interferes with your plans to relocate, of course, this would mean you’ll need to modify your custody order – and for that, you’ll need to involve the non-custodial parent and form a mutual decision.
Understanding Some Rules of Changing Your Address as a Primary Custodial Parent
One of the most important rules to follow, if you’re a Virginian, is to provide a 30-day notice period to the court as well as to the non-custodial parent before you relocate with the child.
Sure, while this may feel simple enough, there’s a possibility that the other parent may raise objections to the move. The 30-day period is for you to contest your ex-spouse’s refusal and to prove to the court why the relocation is necessary and how it is in the best interest of the child.
To do that, there are a wide range of important elements a Family Court judge will base their final decision on – these are factors such as:
- The physiological and emotional state of both parents.
- The age of the child or children and what their physical and mental condition is.
- The participation and contribution of both parents towards the child’s care.
- Each parent’s relationship with one another.
- The relationship of the individuals with their child.
- How willing both parents are to work towards creating a cordial and healthy co-parenting plan.
With that being said, it is wise to consult your family attorney when you’re planning to relocate with your child and have given the 30-day notice. Your attorney will be able to formulate a calculated defense strategy to counteract the contempt and refusal of the other parent.
The Decision Process of Virginia Courts
Apart from the mandatory 30-day notice required by Virginia law if a primary parent is relocating, you will also need to adhere to the stipulation required to be fulfilled by the UCCJEA. For instance, it is mandatory for the primary parent to get written and signed permission from the non-custodial parent.
What’s more important, in the case of shared custody, is that you will also be required to prove to the court why the change of address is better for the child (not better for you necessarily).
If you build and present a strong enough case, you’ll be given the go-ahead by the court. However, if the court deems your arguments weak you will be given two choices, either stay with the child in Virginia or leave without them.
However, do keep in mind that relocating and shared custody can be a complex undertaking, and it can be very difficult for the court to evaluate all the merits of the case, which is why several factors will be considered by the judge.
The Role of the Other Parent and Their Rights to Contest the Relocation
Taking the UCCJEA stipulations and the Virginia Code 20-124.5, in mind, it is quite easy to see that the non-custodial parent is automatically put into a disadvantageous position.
But that doesn’t mean they don’t have rights. As the other parent who is deeply involved with their child’s life and fosters the great importance of creating a healthy co-parent schedule, they have the legal power to contest your notice of relocation in court.
If the primary parent files a 30-day notice period of relocating from Virginia, the parent has 6 months to file what is known as the “Motion to Amend Custody and Visitation”.
In addition, on the chance that the court rejects the primary parent’s relocation request deeming their reasons to move unsatisfactory, there is a very good probability that the judge will grant the non-custodial parent an extended vacation visit. This is irrespective of whether you have joint custody or not.