Q: We were awarded full custody of 2 boys, now 15 & 12, in Fall 2013.
Around 6 months later, all contact with the mom was terminated, pending things she's not done. If we decide to move out of state, what would we have to do?
A:
If you have a custody order from a Virginia court, there will be a provision in there somewhere that says something to the effect of "In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days' advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address, unless the court, for good cause shown, orders otherwise. The court may require that the notice be in such form and contain such information as it deems proper and necessary under the circumstances of the case." That comes from Va. Code § 20-124.5. So, you at least have to notice the court and other parent unless the order provides otherwise.
Also review the order to be sure there is no existing prohibition on relocation.
If the other parent has no visitation, etc., it makes it easier. If they do, then you need to figure out how to comply with the visitation provisions until a court provides otherwise.
Also, be aware that when one parent files notice, the other parent can move the court to enjoin the relocation pending a hearing.
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