Navigating Parental Relocation in a Child Custody Case

 Posted on January 20, 2026 in Child Custody

There are many issues that will come up in a Virginia family law case. Child custody can be especially challenging as both parents might want primary custody. Once the determination is made as to which parent the child will live with, the other parent will be granted parenting time. In most instances, the parents will share the responsibility for raising and caring for the child as long as it serves the child’s best interests.

However, a custodial parent might want to relocate. This can happen in the immediate aftermath of the divorce or well after the couple has parted ways. State law addresses relocation and how it is handled. But it is often complicated with the parents disagreeing on how to proceed. A relocation can upend a parenting time schedule and lead to hard feelings on other matters. It is important to have advice to try and find a solution.

Know the facts about a parental relocation

It is important that parents understand the fundamental requirements regarding a relocation with the child. The parent who plans to relocate with the child must inform the other parent and the court with 30 days’ notice before the move.

The non-relocating parent has the right to object to the move. This is common in cases where it might present a hardship on that parent to see the child, or it was a contentious case in which they think the move is being made to keep the non-custodial parent from seeing the child.

In any child custody case, the court always looks at the child’s best interests. If the move is being made so the custodial parent will have a better job and that will improve the child’s life, then it is likely to approve. The child comes first and the parenting plan would simply need to be adjusted to suit the new circumstances.

Both parents need to be prepared to present their side with a parental relocation

If the parents are on reasonably good terms and can work together to benefit the child, they are advised to try and adjust accordingly. That can include letting the non-relocating parent have more time with the child for an extended period than they had before. Or other concessions could be made so everyone is satisfied. Regardless, it is essential to understand the law and how a relocation must be done. Consulting with professionals who are experienced with all areas of child custody can help.