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Protecting Your Rights At Every Step Of Relocation

Relocation is a complex and sensitive issue. At Russell W. Ray, PLLC, our lawyer understands the difficulties, as he’s worked with hundreds of divorced or never-married parents across northern Virginia.

Our family law attorney, Russell W. Ray, has facilitated numerous successful relocation arrangements, even when one parent did not agree with it. He has also represented noncustodial parents who oppose a relocation. From our law office in Springfield, we serve clients throughout Fairfax County and Prince William County.

When Can A Parent Relocate With A Child?

Life can change substantially in the time after a court issues a custody and parenting time order. The parent with primary custody may desire to relocate from Virginia to take advantage of an employment opportunity, be closer to family or provide better opportunities for the child. However, the custodial parent cannot simply move out of state with the children.

Virginia statute requires that the court and the co-parent be notified in writing at least 30 days before such a move.

Relocations are among the most difficult, emotional and hotly contested cases in the domestic relations arena. Virginia law requires that any custody or visitation order include a provision that any parent intending to relocate give 30 days’ advance written notice of the intended relocation to the other parent and the court.

When a parent seeks to relocate with a child under circumstances that would potentially deprive the other parent of contact with the minor child and the other parent objects, a court will have to determine whether there is a material change of circumstances justifying a modification of the prior custody or visitation order and whether the proposed relocation is in the minor child’s best interests. Among the factors the court will consider are:

  • The relationship existing between the other parent and the minor child
  • Whether and to what degree the proposed relocation will substantially impair the relationship between the minor child and the other parent
  • The reasons for the proposed relocation, including the economic and other benefits that will inure to the custodial parent as a consequence of the proposed move
  • The relative cultural and educational opportunities available to the minor child at the current and proposed new locations

An Attorney Who Puts You And Your Child First

The standard that the court uses when granting or denying a relocation petition is the child’s best interests. Our family law attorney, Mr. Ray, will also prioritize your child’s best interests. He will work with you to stand up for your rights while also doing what is best for your child. When possible, he will preserve amicable relations with your child’s other parent through alternative dispute resolution. Granted, he will also be prepared to represent you in court.

Talk To A Relocation And Child Custody Lawyer Today

For information about relocating with a child, please consult our child custody attorney at Russell W. Ray, PLLC. He provides free consultations. Make yours today by calling 703-935-4634 or using our online contact form.