Many divorced parents wonder if they’re permanently tied to one location. The fear of feeling “stuck” after divorce is real, but here’s what you need to know: relocation with children is possible in Virginia. You’re not trapped in one place forever. However, the Commonwealth requires specific legal procedures when your move could affect custody or visitation arrangements. Failing to follow these steps can seriously jeopardize your custody rights. Virginia Family Law Center, P.C. has guided families through these decisions for over 30 years, helping parents understand their rights and get through the process properly. Let’s take a look at Virginia’s relocation laws.
Understanding Virginia’s 30-Day Notice Rule
Under Virginia law, every parent with a custody or visitation order must provide 30 days’ written advance notice before relocating. This applies to all parents — both custodial and non-custodial — and covers every move, whether you’re relocating across town or across the country.
Your written notice must include:
- Your new address (if known)
- The planned moving date
- Any other information required by your specific court order
Why Do Courts Require Advance Notice?
The 30-day notice requirement is meant to protect your child’s best interests and preserve their relationship with both their parents, not to restrict your freedom. Moves can significantly impact visitation schedules, school arrangements, and family stability, which are all things that the courts need to consider to make sure both parents’ rights are being upheld and that the child is being put first.
What Courts Consider in Relocation Cases
Most of the time, if your child’s other parent agrees to your move and you can come up with an agreement between yourselves, the courts will approve the relocation. However, when the other parent objects to your move, a judge will step in and evaluate several factors:
- How the move affects the child’s relationship with both parents
- Your reasons for relocating (job opportunities, family support, better schools)
- Whether maintaining strong relationships across distance is feasible
- The impact on your child’s current schooling and community ties
Steps for a Successful Relocation
Step 1: Provide Written Notice
Submit your 30-day advance notice to both the court and the other parent, following the specific requirements outlined in your custody order.
Step 2: Prepare Your Case
Document why the move benefits your child. Job offers, family support systems, and educational opportunities all strengthen your position.
Step 3: Collaborate When Possible
Work with the other parent to modify visitation arrangements. Courts generally favor parents who cooperate in addressing scheduling changes.
Step 4: Present Your Case
If the other parent contests your move, be ready to demonstrate how relocation serves your child’s best interests.
It’s always better to start planning early rather than waiting until the last minute. Make sure to frame your decision around your child’s well-being, not just your personal preferences. Most importantly, seek legal guidance before making final decisions. Virginia’s relocation laws have specific requirements that must be followed precisely.
Relocate the Right Way
You have the right to build a new life after divorce, including relocating when it serves your family’s needs. Virginia’s relocation laws exist to protect the interests of everyone involved — yours, the other parent’s, and, most importantly, your child’s.
Following proper procedures while keeping your child’s best interests at the forefront gives you the best chance for a successful outcome.
If you’re considering relocating with your child, contact Virginia Family Law Center, P.C. Our experienced team will help you understand your rights, meet Virginia’s requirements, and protect your family’s future.
