CAN I RELOCATE FROM VIRGINIA WITH MY MINOR CHILD IF I’M DIVORCED?
A legitimate reason to relocate sometimes comes up; you got an amazing job offer, your elderly parents are in need of your assistance back home, etc. When these scenarios come up for divorced parents, they are rarely a clean-cut decision. Can you take your child with you? How does relocation impact a custody schedule? Is it even possible to relocate and still be a part of your child’s life? Experienced family lawyer Michelle Hopkins offers the insight you need when considering the decision to relocate.
Can My Child Relocate With Me?
The answer to this question depends upon your custody agreement, if you are the primary physical custodian, and if your child’s other parent would agree, then it may be possible. Some agreements may specify that each party may relocate within a certain distance, while others may not mention anything about relocation. Having a consultation with a lawyer at The Hopkins Law Firm is a good way to start; they would review your Virginia custody agreement and advise you on what your best options are to proceed with relocating.
How Does Relocation Impact Custody?
Relocation greatly impacts custody:
- Minor children must travel for visitation, forcing them to miss out on extracurricular activities they may enjoy.
- If children find travel stressful, a long-distance relocation could be difficult for them long term.
- A burden is put on the parents to provide transportation via car or paying for airfare, arranging for a custodian to accompany the minor child if they are unable to, etc.
- Depending upon the circumstances of the relocation, child support might change.
- The custodial parent might miss out on extra holiday visitation, as the child must utilize school breaks to visit their parent who relocated. This does not mean forgoing holiday visitation all together, but it does mean your time with your child during the holidays is significantly reduced.
- The custodial parent bears an extreme burden of single parenting by relocating away from the non-custodial parent, who may have been able to assist with the minor children more regularly.
Where Would I Update Custody If I Relocate Out Of State?
The best venue would depend upon the circumstances of the case, as such, a lawyer’s advice would make the choice clear cut. The state that the child primarily resides in would be the most proper jurisdiction to update custody, visitation, or child support in most circumstances. The state that the non-custodial parent resides in also would be a consideration when choosing a jurisdiction. The state that the custody agreement originated in retains jurisdiction until they are notified otherwise.
To make the initial changes to prepare for relocating, parents may choose to begin with the current Court of jurisdiction, or to update the agreement in the Court of jurisdiction that the minor child would relocate to after they have moved.
You may need a lawyer in your original jurisdiction to assist you with filing for relocation, then a lawyer in the new jurisdiction to open the case there.
It is best to do this with the assistance of a lawyer, as it often requires significant paperwork, which may be extremely overwhelming for those unfamiliar with the legal system.
If you are unsure if your custody agreement should relocate to the new Court of jurisdiction, a consultation with Michelle Hopkins and Sydney Remaily would be a good starting point.
How Are Travel Costs Shared?
Depending upon the language in your custody agreement, the parent who chooses to relocate may bear the brunt of the burden, or the parties may have agreed to divide costs a certain way. Some parties divide pro rata, which is based upon the parent’s respective incomes. Others may agree to a fixed percentage to divide expenses. If your agreement does not specify such, a consultation with a lawyer such as Michelle Hopkins or Sydney Remaily would help you to determine the respective shares.
Does My Child’s Other Parent Have To Agree?
Generally no, your child’s parent does not have to agree for you to relocate; you may choose to relocate as if you are a single person, if you are relocating alone. However, they may have a say in whether or not your minor child relocates, depending upon the language of your custody agreement.
If you are unsure about the verbiage of your custody agreement, review by a lawyer such as Michelle Hopkins or Sydney Remaily is recommended as you plan your next steps.
If your custody agreement does not arrange terms in the event of a relocation, your child’s non-custodial parent agreeing would go a long way. In the event that they did not, you may require litigation for your child to relocate with you.
How Are Custody Exchanges Handled?
Most often, when the non-custodial parent chooses to relocate, the custodial parent would not have to bear the brunt of the burden of the distance to complete custody exchanges unless they agreed to share the same.
For example, if the non-custodial parent relocates five hours away from the minor child’s residence, the custodial parent may not be expected to drive five hours to complete every custody exchange.
The trickiest custody exchanges occur when airplanes are involved. If the minor children are young, the parties must decide if a parent would ride the flight with them, or if a custodian is required, for the safety of the traveling child. Generally speaking, this is a concern until the minor child attains the age of sixteen.
Do I Have To Update My Custody Agreement To Relocate?
Most initial custody schedules are not doable for a long-distance relocation. Even if your custody agreement has flexible language, it is best for a lawyer to review before your relocation, not after, to make the relocation go as smoothly as possible.
The average custodial agreement offers weekly dinners and alternating weekends with the non-custodial parent. If the relocation is a significant distance such as out of state, it simply would not be doable to maintain any of the original schedule unless the relocating parent made the drive to see their child. If the relocation would result in an hour drive or more, week night visitation during the school year may not be possible for a child in school.
For those who plan to relocate out of state, having a lawyer such as Michelle Hopkins or Sydney Remaily draft a new custody schedule is highly recommended. For example, many families who deal with relocations choose to adjust the holiday visitation schedule to allow for longer visits with the non-custodial parent when school is not in session.
How Can The Hopkins Law Firm Help Me?
The Hopkins Law Firm lawyers Michelle Hopkins and Sydney Remaily are ready to assist you with updating your custody schedule to accommodate your relocation or facilitate the transfer of your agreement to or from Virginia in Prince William County, Virginia and surrounding areas. Please do not hesitate to contact their office today at 571-248-2210 or info@mhopkinslaw.com to schedule a consultation. Michelle Hopkins and her legal team are waiting to help you!