Once the divorce is been finalized among both the parents, the economic and other issues were raised that would be the reason to relocate from Virginia. Parents, who successfully received custody of their child would face different difficulties rather than simply packing and leaving the state. However, depending on the agreement at the time of child’s custody, parents are needed to take permission from the court prior to relocate from Virginia. There are certain strategies regarding relocation laws in Virginia that are described below:
- Requirements of State
Under the child custody’s agreement, the parent is responsible to notify court about their relocation along with the minor child. According to section 20-124.5 of the Code of Virginia, for at least on 30 days’ notice period, a parent is responsible to provide a written notice to the court and also to other parents about their relocation planning. It is significant strategy regarding relocation laws in Virginia, after then it is up to other parent that either he/she contest or accept the petition.
- Permission from the Other Parent
It is also a significant strategy regarding relocation laws in Virginia and perhaps quite an effective strategy to obtain permission from other parent for their relocation. In such case, both the parents may work collaboratively to negotiate the schedule of modified visitation. The modified schedules will aid in extended visits and increased physical distanced between both the parents. Of the other parent agree with this strategy then court approves the relocation plan ad modified the agreement of custody.
- Relocation Petition’s Objection
Sometimes a parent object on the relocation of other parent along with the child. In this case, the court proceeding depends on the best interest of the child. The court applies the consideration of Code of Virginia, section 20-124.3. These considerations are:
- The physical and mental condition, and age of child.
- Present relation of a child with each parent.
- The emotional and developmental needs of child.
- The mental and physical condition, and age of each parent.
- Each parent’s role in the upbringing of child.
- Incrimination of each parent for fostering a relationship between other parent and child.
Under this strategy regarding relocation laws in Virginia, the court also focuses that hat will be benefits if relocation does the child have.
Penalty against parent who did not provide Notice
If any parent is failed in the provision of notice for their relocation than it will result in severe consequences. Relocation from Virginia without any notice considered as breaching of the agreement of custody and visitation. In this situation, under relocation laws in Virginia, the parent will pay penalty.
Seeking of Legal counsel and representation
To obtain approval for the relocation from Virginia with the minor child will be complicated. Especially, in a case when parents are unable to make a mutual agreement with respect to the relocation planning. This situation is quite beneficial for the parent who is more interested in seeking help from a legal professional. Legal counseling helps both the parents in understanding their right and strategies regarding relocation laws in Virginia.