Custody orders include certain details about the family’s circumstances. They provide guidance for the division of parenting time and how the parents share legal responsibility.
Occasionally, parents may need to go back to family court and ask a judge to modify the current custody order because of a change in their circumstances. Parents may relocate as they rebuild their lives after a divorce.
A move can have serious implications for the custody order that the parents currently have in place. Does the parent hoping to move need to ask the courts to modify their custody order because of their relocation?
A move could constitute a significant change
Custody modifications are typically necessary after any material change in circumstances. One parent moving to a new home can be a significant change that may warrant a change to the physical custody order.. Especially if the move is out of state or far enough away to complicate custody exchanges, the parent moving may need to notify the other parent at least 30 days in advance and should be prepared to file a motion with the court.
That way, they have an opportunity to work out a new custody arrangement. If parents cannot agree on new terms, then they may need to litigate their custody dispute in family court.
A judge considers the current order, the reason for the move and the impact it could have on the children before determining if they should grant the relocation request. Any custody modification will focus on the best interests of the children in the family, which factors are set forth at Va. Code § 20-124.3.
Ensuring compliance with the existing custody order in state law is important for a parent who wants to have as much time as possible with their children. Parents intending to relocate generally need to pursue a custody modification to avoid compliance issues.
