Following a divorce, a former couple can often settle into a kind of routine for a while. A judge will have decided on how custody and visitation will work, and both parents will spend time with their children during the court-ordered period of time designated. However, this routine doesn’t last forever. Sometimes one parent will get a new job in another state, or another parent might remarry and want to relocate with their new spouse. However, for the parent with custodial custody, this may not always be easy.
If you’re a parent hoping to relocate with your child, or you’re a parent who doesn’t want your kid to move too far away, let us help. Our skilled Richmond family law attorneys have more than 50 years of combined legal experience to offer your case. DeFazio Bal can provide you with solutions tailored to meet your specific needs.
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Virginia law doesn’t provide a standard rule for custody relocation cases. Some states designate a specific distance the child must stay in after a divorce, but Virginia will do what is in the child’s best interests whenever it makes its decision. For example, if a parent gets a job out of state which pays more money, a judge may decide the increase in money and the reputation of the school district in which the child will be learning is enough of a good incentive to allow the move. However, if the custodial parent wants to relocate without a good reason, the judge might decide there’s no incentive to move the child away from his or her friends and family.
The burden of proving the relocation will be in the child’s best interests rests on the parent seeking to relocate the child. If he or she cannot prove this point, the relocation request will be denied.
If the custodial parent is allowed to relocate with the child, the court may need to modify the existing visitation arrangement. For example, if a parent is allowed to relocate with the child to another state, the other parent might need to fly to visit the child. The court might modify the child support payment amount to help offset the cost of buying plane tickets to visit the child or to fly the child to the other parent.
Our experienced Richmond family law attorneys can successfully help you meet your legal goals. DeFazio Bal understands each case is unique, so we offer special attention and care to each client that is tailor-made to fit their distinctive issues. Let us see what we can do for you.
Contact us at (804) 250-3729 or fill out our online form to schedule a case consultation with us today.