What Happens to Child Custody When a Job Moves You Out of State

Relocating for a job can be an exciting opportunity, but it often comes with a heavy emotional burden, especially when you have children. The thought of moving out of state while navigating child custody arrangements can feel daunting and overwhelming.

Unfortunately, the situation can quickly escalate, leading to bitter disputes that could threaten your custody rights and complicate our ability to maintain a meaningful relationship with your child. The stress of potential court battles, the fear of losing precious time with your little one, and the uncertainty of how a move will affect their emotional well-being can weigh heavily on any parent’s heart.

At Randall, McClenney, Daniels & Dunn, PC, our dedicated child custody lawyers are here to guide you through the complexities of custody matters, especially when facing the challenges of moving out of state after a divorce with a child. We understand that this is not just a legal issue; it is a deeply emotional journey that affects your relationship with your child. Our experienced attorneys will work closely with you to develop a tailored strategy that prioritizes your child’s best interests while safeguarding your parental rights.

Can a Parent Move Out of State with a Child After a Divorce?

A parent can relocate out of state with his or her child after a divorce, provided that such a move does not violate any existing custody orders or disrupt the agreed-upon parenting time. Additionally, the parent must notify the other parent by providing written notice of the intended move.

If no custody order exists, moving out of state is legally possible but comes with risks and complications. In the scenario where a custodial parent moves out of state with his or her child without the non-custodial parent’s consent, the non-custodial parent can take the matter to court. We advise you to discuss your situation with a family law attorney before making such a move.

Legal Steps You Need to Take to Move Out of State with Your Child for a Job After a Divorce

In Virginia, a parent who intends to relocate with a child must provide written notification to the court and the other parent at least 30 days prior to the planned move. This requirement applies even if the parent has sole custody. The relocating parent must obtain court approval before moving out of state with the child. Steps a parent should take to obtain court approval include:

• Review your existing custody arrangements for any restrictions or requirements regarding relocation.
• Provide written notice to the other parent and the court at least 30 days prior to the intended move. The notice should include the intended move date and your new address.
• Obtain consent from the other parent, if possible. If you cannot agree, you can attend mediation to attempt to work out a new custody agreement.
• Prepare for possible objections.
• Consult a family law attorney.
• File for court approval. You will need to prove how the move is beneficial for the child.
• Attend the court hearing, after which you will receive a court order granting or denying your request.

What Factors Do Courts Consider When a Parent Wants to Move Out of State with a Child After Divorce?

A parent with sole physical custody is more likely to be able to move out of state with the child. However, the court makes decisions based on the best interests of the child. Knowing whether a parent has sole or joint custody is a starting point. Thus, the factors that courts consider include:

• Whether the relocating parent has sole or joint physical custody of the child
• Whether the physical custody order is a “permanent” order
• The distance of the move
• The current custody arrangements
• The co-parenting relationship
• The child’s age

Consequences of Failing to Notify the Court

If the custodial parent chooses to relocate without the court’s permission and without informing the other parent, he or she could suffer legal repercussions for that decision, including:

• Fines
• Possible jail time
• A modification of the custody arrangement that could favor the non-custodial parent

How Does Moving Out of State Affect Child Custody Arrangements?

If the court approves the relocation request, it will adjust the custody arrangements to prioritize the child’s best interests. This may involve changing the visitation schedule from less frequent visits to longer visits. It is important to keep in mind that each case is unique, and the court will base its decision on the specific circumstances involved.

How Can a Family Law Attorney Help Your Relocation Case?

Moving out of state with a child after divorce can be a complex legal procedure. An experienced family law attorney can help negotiate with your ex-spouse for a new parenting plan in your custody case, which will result in a new child custody order from the court.

Why Clients Choose Randall, McClenney, Daniels & Dunn

When you have minor children and want to move out of state, an experienced family law attorney can help you negotiate a new parenting plan that is in the best interests of your child.

Testimonials

“I would like to thank the law firm of Randall, McClenney, Daniels & Dunn, for a job well done. The awesome customer service, great professionalism, and communicated with me very well from start to finish. They got me the best outcome I could have expected and I am very pleased with the service they provided. I like to give special thanks to Tracee Williams. You are awesome. This young lady kept me on top of everything that was going on, day and night. Attorney Carol Zacheiss, thank you so much. Lori Stevens, Kimberly Collins, and staff, keep up the great job. I definitely will let my friends, family, and associates know to contact your office if in need of an Attorney.” — John C.”

“Mr. Randall and his staff have been so professional and helped us though our legal matter Always got back to us within a timely manner for all our questions and believe me we had a lot .I would recommended this law firm .Very friendly staff and Great A Lawyer Mr. Randell. Thank you So much.” — Marcia P.

“Mr. Randall and his team provided excellent legal support during my case. He was extremely responsive, provided helpful guidance and prepared me well for my day in court. Best of all, he helped me achieve the result I wanted and needed. He was professional, kind and all around excellent. Would give 10 stars if I could!” — Chrystie S.

Embrace a Fresh Start with Your Child in a New State

Whether you are going through a divorce, have paternity issues, child support issues, need help with a domestic violence case, or have another family law matter, such as relocating out of state with a minor child, Randall, McClenney, Daniels & Dunn, PC can guide you through the process and provide legal advice. Contact an experienced family lawyer at Randall, McClenney, Daniels & Dunn, PC, by calling 757-742-6115 or completing our online contact form.