Talking about separation or divorce, the major concern comes how far the mother and father are going to live after that because it’s about children’s custody and visitation as well. These kind of cases are most common when it comes to North Virginia because the traveling makes the mother or the father do the litigating case. Mostly, if one person is willing to move, the other is usually staying and then comes the contentious situations.
What does the Law say?
Despite knowing the fact that children are going to suffer a lot from this mentally and emotionally both, most people choose the separation or divorce. If the long distance becomes the reason of separation or divorce, then the case for child straight goes to court. The judge issues always order in favor of child and their benefits. There is also a code for the child which comes in Virginia Law as “Best interests of the Child.” If the parents are looking for relocation, then they must prove that relocation is needed. Else the result will be against choice. Before relocating, the mother or the father, whoever is seeking the change, will file a case or appeal for it and then they will get their result after the month, or they can file 30 days before moving. According to Virginia Code, the court cannot stop the parent from relocating himself/herself, but they can stop the child from moving with them.
Responsibilities come with Relocation
When you are seeking location, you must understand that the situation depends on the other parent and the relationship between them with the child. You must assure the court and the other parent that the move will not disturb any relationship between the mother/father with the child. If the child disapproves of relocating with the parent and wishes to stay with the other parent, the court will give a decision in the child’s favor and his benefits.
When all of the processes moves towards completion, and when relocation is almost given to the custodial parent, the Court gives the other parent leverage and allows them to visit the child less frequently but also for longer visitation period. The court also orders to arrange all of the traveling and accommodation expense in favor of the relocating parent. The court also orders the non-moving parent to pay for the expenses such as airfare and other things and play their part accordingly for the child.
The courts have permitted relocation for different reasons and purposes. It could be better for the child in the academic process, adjusting well and truly with the parent or the reason of thriving in life. Although, other parent’s involvement in the child’s life can be a negative point for relocating. For, E.g., if the other parent is involved in the sports activities or any other curricular activities, it’s usually hard to get a result in favor of relocation. That is why the attorneys suggest both parents make a moving form for each other and discuss everything before, so that will save the time of the parents and the expense as well.