A move to a new city or state can change a family’s daily life. It may also affect child custody arrangements. A new home may affect school schedules, parenting time and the child’s daily routine. Parents should understand how relocation may affect an existing custody order before making plans.
When a move may affect custody
Not every move changes a custody order. However, a relocation that makes the current parenting schedule difficult to follow may require court review. Either parent can ask the court to decide whether the custody arrangement should change.
Under Virginia Code § 20-124.5, a parent with custody or visitation usually must give the court and the other parent at least 30 days’ written notice before moving. This gives both parents time to discuss the relocation and its effect on the child. If they cannot reach an agreement, the court may determine whether changes to the existing custody order still serve the child’s best interests. If the parents can’t agree, the court steps in to decide whether the existing order still works.
How courts make relocation decisions
The child’s best interests are the court’s first concern. It considers the circumstances of each family instead of following the same result in every case. Virginia Code § 20-124.3, along with case law addressing relocation specifically, guides the factors courts consider.
The court may consider:
- The child’s relationship with each parent
- The child’s age and daily needs
- The readiness of each parent to support the child’s continued relationship with the other parent
- The reason for the proposed relocation and its effect on the child
- The ability of the parents to maintain a workable parenting schedule after the move
The court weighs all of these factors together rather than focusing on any single one.
How parents can prepare for a move
A planned move often requires changes to parenting schedules, travel arrangements and communication. Parents should keep records about the proposed move and explain how the child will spend time with both parents after relocation. Careful planning can reduce conflict and help the court understand the family’s situation.
Relocation does not automatically change a child custody order. Virginia courts look at each family’s circumstances and focus on the child’s well-being. Relocation cases are fact-specific; preparing early with clear documentation often makes the biggest difference. If you have questions about this topic, you may consider reaching out to a legal professional for guidance.
