Relocation Cases: Can a Parent Move Out of Virginia with a Child?

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Relocation concerns are common for families after divorce, and they often create a level of stress and uncertainty that is difficult to manage. A new job opportunity may arise. A parent might want to move closer to extended family. Sometimes safety concerns or new relationships make relocation feel necessary. At the same time, the other parent may fear losing regular time with the child or disrupting a routine that has finally become stable.

Virginia law treats relocation cases very carefully, because any move that takes a child out of the Commonwealth — or even far across it — can fundamentally change a child’s relationship with both parents. The process can feel overwhelming, but understanding the legal standards and the factors courts look at helps parents make informed decisions and avoid missteps that could create long-term complications.

How Relocation Works in Virginia

Virginia does not have a single relocation statute. Instead, relocation decisions rely on a combination of notice requirements and the “best interests of the child” standard that applies to all custody cases.

The 30-Day Notice Requirement

Every custody order in Virginia includes a requirement that a parent intending to relocate must give the court and the other parent at least 30 days’ written notice before the move. This notice does not give permission to relocate. It simply ensures that the court and the other parent know what is being proposed.

In situations involving domestic violence or safety concerns, the court can waive the requirement to share the new address or can order that it remain under seal. The law never requires a parent to put themselves or their child at risk by disclosing private information.

Relocation Always Requires Court Review

Even if both parents have joint legal custody, and even if the moving parent has primary physical custody, relocation is never automatic. Virginia courts will review the move under the “best interests of the child” standard found in Virginia Code § 20-124.3. The judge is required to examine factors such as:

  • the child’s age and developmental needs
  • the child’s relationship with each parent
  • each parent’s ability to support the child’s relationship with the other parent
  • the impact the move would have on the child’s stability
  • the reason for the move and whether it provides a clear benefit to the child

Some of these factors weigh more heavily in relocation cases. For example, if a child has a strong day-to-day relationship with the non-moving parent, courts look closely at how the move would affect that relationship.

What Courts Look for in a Relocation Request

Parents often assume that a better job, a safer neighborhood or proximity to extended family will be enough to justify a move. Virginia courts take these considerations seriously, but the law requires more than a general improvement in a parent’s circumstances.

There Must Be a Real, Direct Benefit to the Child

Virginia courts distinguish between a benefit to the parent and a benefit to the child. A parent may want to move for a higher salary or a new partner, but the court must see how the child will benefit, not just indirectly, but in a way that improves the child’s day-to-day life.

Examples of evidence that may help show a benefit to the child include:

  • access to better or more suitable schooling
  • a support network of relatives who provide childcare or emotional stability
  • more appropriate housing or medical care
  • opportunities that the child cannot access in Virginia

General statements like “it will be a better life” rarely persuade a court. Judges look for specific, verifiable improvements.

The Move Cannot Substantially Harm the Child’s Relationship with the Other Parent

Virginia encourages children to have strong relationships with both parents whenever possible. If a move would make regular, meaningful time with the other parent impossible, the relocating parent must present a plan that helps preserve the bond. Courts often examine whether:

  • extended summer or holiday schedules could replace weekly visits
  • travel costs would be covered by the relocating parent
  • virtual communication (video calls, phone calls) would supplement in-person time

Alternative schedules can work, but they must be realistic and genuinely supportive of the child’s relationship with both sides of the family.

What Happens If Parents Do Not Agree

When one parent wants to relocate and the other objects, the court will typically require a hearing to decide whether the move is in the child’s best interests. Until the court makes that decision, both parents must continue following the existing custody order.

During the case, the court may issue temporary orders to maintain stability. Judges are generally reluctant to allow a temporary relocation before a full hearing because doing so creates a new status quo that can be difficult to reverse later. Courts prefer that the child remain in Virginia until all evidence has been presented and a final ruling is made.

In many contested relocation cases, the court may appoint a Guardian ad Litem (GAL) to represent the child’s interests. The GAL conducts interviews, observes interactions and may speak with teachers, caregivers or therapists. They may also review information about the proposed new location. A GAL’s recommendation carries considerable weight in a judge’s final decision.

Parents should be prepared for the court to closely review evidence about schooling, housing, childcare, travel logistics, and each parent’s history of supporting the child’s relationship with the other parent.

Special Situations: Military Families & Job-Driven Moves

Virginia has a large military population, and relocation cases involving service members can be especially challenging. Military orders require the parent to move, but they do not automatically allow the child to move with them. The court must still determine whether relocating serves the child’s best interests.

Job-driven moves receive similar scrutiny. Courts expect evidence showing why comparable employment is not available in Virginia, and how the child will benefit — not simply how the parent will.

What to Consider Before Requesting or Opposing a Move

Relocation cases are emotionally complex. Parents often balance conflicting priorities: career opportunities, safety, schooling and preserving the bond the child has with both sides of the family. Before making a decision, parents may find it helpful to ask:

  • What does my child need on a daily basis to feel stable and supported?
  • Would the move help meet those needs in specific, concrete ways?
  • How will the move affect the child’s relationship with their other parent?
  • Are there alternative schedules or supports that could help maintain those relationships?
  • What are the risks — emotional, logistical and legal — if the court denies the move?

There is no universal answer. What matters most is how the facts of your family’s situation fit within Virginia’s best-interests framework.

How We Help Parents Facing Relocation Decisions

In our experience, parents thinking about relocation often ask about what the court will consider, how a move might affect their child, and what steps they should take before making a decision. We help families evaluate these issues by looking closely at the child’s routines, relationships and needs, as well as the practical realities of the proposed move.

Some parents believe a relocation will offer meaningful advantages, while others worry the change would disrupt the stability their child relies on. We assist parents on both sides by reviewing the circumstances, identifying the factors the court is likely to focus on, and helping them prepare clear, well-supported explanations of their position.

If you would like to discuss the possibility of a move or respond to one, Amable Law, PLLC is available to help you think through the options and determine what may best support your child’s long-term well-being. Call (540) 739-2001 or contact us online to schedule a consultation with Attorney Delgado.