Relocation of Child and Child Custody Laws in Virginia

Relocation Of A Child In Richmond, VA

The relocation of a child is an important issue that parents face when considering moving to another state. Relocating with your children can be stressful for all involved.

But, if you move out of state without first obtaining proper legal advice, you may find yourself facing some serious problems. Please contact our office today if you have questions about relocation or custody laws in Virginia. We will help you understand your options and how best to protect your rights.

Virginia’s Child Custody Law

Virginia has two types of child custody orders: temporary and final. Courts issue temporary orders during the pendency of a divorce or custody case. A temporary order lasts until the court enters a final order in the matter. Final orders are the orders that must be followed, unless and until they are changed or superseded by new final orders.

Temporary Custody Orders

A temporary order is a court-issued document that makes a temporary decision regarding the legal authority over the care and control of the minor children in the family. It may be granted when the parents cannot agree on how to share parental responsibilities or make a decision on a major issue regarding the child(ren).

Final Custody Orders

When parents file for custody and/or visitation of their child(ren), they are ultimately seeking a final order from the court.  This order establishes terms where each parent will exercise their rights and duties as a parent.

The party receiving primary physical custody is where the child will reside.  If you want to change your child custody arrangement, you must file a motion with the court to amend the previous custody and/or visitation order. You will have to prove to the judge that a material change in circumstances has occurred since the last order was entered.

Considerations of Your Child for Child Custody

Considering your child’s best interest is crucial if you are considering a divorce or attempting to seek full custody of your child. If you have children together, you should know their needs and concerns when making custody decisions. Besides, if you are considering getting divorced, you will want to know what factors affect your spending time with your kids.

When deciding who gets primary custody of your children, there are many things to consider:

• How old are your children?
• What kind of relationship do they have with each parent?
• Do they like spending time with both parents equally?
• Are they comfortable in either home environment?
• Does one parent provide more structure than the other?
• What are the ages, mental and physical health of the parents?

The answers to these questions will help you determine which parent would be better suited to raise your children. Yet, it would be best if you also considered any special circumstances that might affect your child(ren).

Special Circumstances That May Affect Child Custody Decisions

There are several situations where a court may require custody decisions for children. These include:

• When the parents have been separated or divorced, and one parent has moved out of state with the child.
• If both parents live in the same state, but one wants to relocate with their child.
• When a parent moves from where they have family support to an area they do not.

Both parents are entitled to parenting time with their child(ren). If you or your ex relocate to another state, it is essential to know your rights. The court must decide whether to allow the relocation if there is a current order of the court, or if one parent files a petition with the court for custody or visitation.

Child Custody Evaluations in Richmond, VA

A child custody evaluation is a court-ordered examination of the parties involved in a custody dispute. The purpose of the custody evaluation is to gather information about the parents and their children so that the judge can decide who will have primary physical custody of the children.

The most common reason for ordering a child custody evaluation is when The court believes there needs to be a more in depth look at the parents and their abilities to parent their children.  If there have been allegations, such as abuse, neglect, or domestic violence towards or around the children, the court may find it necessary for the child custody evaluation.

Contact A Child Custody Lawyer in Richmond, VA

If you have questions about the Relocation of a Child and Child Custody, your next step is to speak to our Family Law Attorney at Trustice, PLLC. We offer free consultations with our experienced family law attorney at no cost. Please call our office at (804) 207-9381 or contact us through our website.