Will My Custody Order Have to Change if I Relocate in Virginia?

As a parent, it’s always scary to realize that life changes, like a new job, a new relationship, or a need to be closer to family, might require you to pack up and leave the home your child knows. However, for parents who share custody, this fear is often compounded by legal worries. You might wonder if moving means losing your parenting time or facing a court battle you aren’t prepared for.

At Mahoney Richmond Thurston, PLLC, we have decades of experience assisting families through complex transitions. We want to reassure you that Virginia law understands that life evolves. The goal of the legal system isn’t to punish parents for needing to relocate; it’s to protect the child’s well-being and their relationship with both parents. Understanding the rules surrounding relocation can help you make the right choices for your family’s future.

Here is what you need to know about how relocation can impact custody orders:

• Custody orders may need to be updated if a move significantly affects the child’s best interests.
• Courts in Virginia focus on what arrangement is best for your child, not just the parents’ convenience.
• Advance planning and legal guidance can help you protect your parenting time and maintain stability for your child.

Understanding how relocation interacts with custody law in Virginia can help you make informed decisions and reduce stress.

What Does Virginia Law Say About Relocating With a Child?

In Virginia, you are required by law to provide written notice to the court and the other parent at least 30 days before you move. That rule applies to any change of address.

If your co-parent disagrees with the move, they can file a petition with the court to stop it or to modify custody. At that point, the court reviews the situation to determine if the move benefits the child. The court will examine several factors, including:

• The reasons for the move (e.g., a better job, family support).
• The impact on the child’s education and social stability.
• The relationship with the non-moving parent.
• The ties to the current community versus the new one.

If the relocation is found to negatively affect the child or interfere with the current parenting time schedule, the judge can modify the custody arrangement.

What Kind of Moves Don’t Usually Warrant a Custody Modification?

Minor moves, such as moving to a different neighborhood in the same city, usually do not require modification of the custody order, provided the current visitation schedule can still be followed.

Modifications are generally considered only for significant moves. A significant move is one that would interfere with the child’s schooling, social life, or ability to see the other parent regularly. For example, moving 50 miles away might make maintaining a “week-on/week-off” schedule impossible.

How Could My Custody Order Change if I Relocate?

If a move is deemed significant enough to impact the child or their relationship with the other parent, the court may find it necessary to adjust the custody arrangement. These changes aim to preserve the child’s bond with both parents despite the distance.

Possible changes to the order may include:

• Adjusting the schedule: Instead of frequent short visits or alternating weekends, the non-primary parent might get longer blocks of time, such as extended summer vacations, spring break, or major holidays.
• Revising decision-making: If distance makes it difficult to co-manage day-to-day decisions, the court might clarify which parent handles specific decisions about school or medical care.
• Changing primary custody: In rare cases where the move is deemed detrimental to the child’s stability, the court may transfer primary physical custody to the non-moving parent.

Ultimately, the goal is to create a realistic plan. The court wants to preserve the child’s connection with both parents while accommodating the new circumstances.

What Can Parents Do to Protect Their Time With Their Child if They Need to Relocate?

Being proactive is the best way to handle a potential relocation. Waiting until the last minute can lead to emergency court filings and unnecessary conflict.

Before reaching out to the court for approval, try:

• Communicating early: Talk to the other parent as soon as possible. Surprises rarely go over well in custody disputes.
• Proposing a new schedule: Try to create a new parenting plan with your co-parent that accommodates the distance. Be flexible and willing to offer extended time during school breaks to make up for missed weekends.
• Seeking legal counsel: Working with a lawyer can help you craft a plan that is fair, legally enforceable, and centered on the child’s needs.

Make the Right Move for Your Family

Moving doesn’t have to mean losing your relationship with your child. With the right approach, you can transition to a new home while keeping your child’s life stable and happy. Proactive planning helps safeguard both your child’s well-being and the special bond you share.

If you are planning a move and worried about how relocation could affect your custody order, the Virginia Beach relocation lawyers at Mahoney Richmond Thurston, PLLC can help you handle the process with confidence and care. Reach out to us today to discuss your situation.