Child Custody Guide
Relocation with Children After Divorce in Virginia
When a custodial parent wants to move — for a job, a new relationship, family support, or other reasons — that move can fundamentally change the custody arrangement for the child and the non-moving parent. Virginia law requires notice, and courts apply a specific analysis before allowing a relocation that would materially affect the other parent's access to the child. Shawna L. Stevens has handled relocation disputes in Fredericksburg-area courts for more than 20 years.
Serving Fredericksburg (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, and Caroline County.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
J.D., Thomas M. Cooley Law School — graduated summa cum laude — Licensed by the Virginia State Bar — practicing exclusively Virginia family law for more than 20 years.
Virginia’s Notice Requirement
Under Virginia Code § 20-124.5, a parent with custody or visitation rights must give the other parent 30 days’ advance written notice before relocating with the child to a different state, or to a location within Virginia that would significantly affect the other parent’s ability to exercise their custody or visitation rights. The notice must include the intended destination and the planned move date.
If the other parent objects, they can file a motion to prevent the move and request a hearing. The court can issue a temporary order prohibiting the relocation pending a full hearing. A parent who moves without providing notice — or who violates a court order prohibiting the move — risks contempt findings, attorney fee awards, and modification of custody against them.
How Courts Analyze Relocation Requests
Relocation cases are treated as custody modification proceedings. The moving parent must show both a material change in circumstances (the proposed move) and that the relocation serves the child’s best interests. The court applies the ten best interests factors under § 20-124.3, giving particular attention to how the move would affect each parent’s relationship with the child.
The Moving Parent’s Burden
The parent seeking to relocate must demonstrate a legitimate reason for the move — employment, family support, financial necessity — and that the move genuinely benefits the child, not just the parent. Courts are skeptical of moves that appear designed to limit the other parent’s access. A credible, child-focused rationale and a realistic proposal for maintaining the child’s relationship with the non-moving parent strengthens the moving parent’s case.
The Non-Moving Parent’s Position
The non-moving parent who opposes the relocation must show that the move would harm the child — not just that it would inconvenience the non-moving parent. The strongest arguments center on the disruption to the child’s established school, activities, and friendships; the difficulty of maintaining meaningful contact from a distance; and the particular importance of proximity to the non-moving parent in this child’s life.
Proposed Visitation Modifications
Courts expect the moving parent to propose a realistic modified visitation schedule that accounts for the distance. This typically involves longer blocks of parenting time during school vacations and breaks, video contact between visits, and an allocation of travel costs. A parent who appears to have thought carefully about maintaining the non-moving parent’s relationship with the child is more likely to be permitted to relocate than one who presents no workable alternative schedule.
Military Families
Relocation issues are especially common in the Fredericksburg area given the proximity to Marine Corps Base Quantico and Naval Support Facility Dahlgren. Military-related relocations — permanent change of station orders — are treated by courts as a specific category. Virginia courts recognize that military personnel do not choose their assignments and must weigh the service member’s obligations against the child’s need for stability and both parents’ involvement.
Questions We Hear Often
Can the court stop me from moving out of state?
Yes. A court can issue an order prohibiting a parent from relocating with the child pending a hearing, or permanently if it finds the move is not in the child’s best interests. A parent is free to move themselves — the restriction applies to taking the child. If the court denies the relocation, the moving parent faces a choice between staying or moving without the child.
What if I need to move for a job and can’t wait for a court hearing?
Urgency does not excuse the notice requirement or justify moving without the other parent’s agreement or a court order. If you have a legitimate, time-sensitive reason to relocate, contact an attorney immediately to seek an expedited hearing. Courts can and do move quickly when circumstances genuinely require it. Moving first and seeking approval later will damage your credibility with the court significantly.
Does the non-moving parent automatically get more custody if I move?
Not automatically. If the court permits the relocation, the existing custody arrangement may be maintained with a modified visitation schedule to account for distance. If the court denies the relocation, the current order remains in effect. If the custodial parent moves anyway in violation of an order, that violation is a basis for modification of custody in favor of the non-moving parent.
Talk to a Custody Attorney About Relocation
Whether you are planning to relocate or trying to prevent a move, timing and preparation matter. Contact Shawna L. Stevens PLLC to schedule a confidential consultation.
Fees are discussed directly at your consultation and are based on the specifics of your case.
Phone: (540) 310-4088
Email: [email protected]
Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401
Part of our Child Custody Guide • Related: Types of Custody • Modifying Custody • Custody Overview