A competitive job offer in a different state may be the best possible opportunity for a parent’s financial situation after a divorce. Parents working to rebuild their lives while sharing custody may be eager to move to a location where not everyone knows about their messy divorce and where their income might be higher.
Obviously, those who share custody want to continue having as much time with their children as possible. Unfortunately, a relocation can easily throw a wrench in the gears of a working shared custody arrangement.
What steps do parents need to take in order to accept a job outside of Virginia when they share custody of their children?
Advance notice is critical
Under Virginia state law, a parent intending to relocate with the children must provide prior notice to the other parent. Sending notice in writing at least 30 days ahead of time is typically mandatory. In some cases, the non-moving parent may agree that the move is beneficial and may cooperate in the process of modifying the existing custody order. Other times, they may object to the move. They may express concern that it could negatively impact their connection with the children. In that scenario, requesting a modification may be necessary.
The move should benefit the children
If the non-moving parent objects to the move and requests a hearing, the parent proposing the move must show that it is in the children’s best interests. The courts may deny the requests if a judge believes the relocation might prove harmful to the children. The schools the children could attend, the better pay the parent could receive and other factors, such as proximity to extended family, can help strengthen the claim that the move is beneficial for the children.
Judges hearing contested custody matters should generally always focus on what is best for the children. Especially in scenarios where a parent has recently lost a job or may struggle to find comparable positions locally, a judge may agree that the relocation is necessary.
The parent proposing the move may also want to submit a proposed outline of how they could adjust the custody arrangements to address the increased difference between parental homes. Allowing for longer visits over the holidays or summer break from school could be a viable solution.
Generally speaking, those planning to propose a relocation need the guidance of a family law attorney. Having insight into legal requirements and support while preparing for court can help parents navigate what can be a very difficult and emotional matter. Parental relocations are common, and those who start planning well in advance may increase their chances of getting the permission they need to move on with their lives after divorce.