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Can my ex-spouse move our child out-of-state?

It can be hard on both a parent and their child when divorce or separation causes them to live in separate households. Parents in Virginia who do not have physical custody of their children may feel as though they are missing out when they do not get to see their children each and every day. While options like virtual visitation may give parents more access to their kids when they are not in the same physical space, the distance between a parent and child can be hard to overcome.

In situations such as this, it can be incredibly difficult on a non-custodial parent to contend with the possibility of their child being taken even farther away from them. When a custodial parent wants to or must relocate, it can force a child to leave their home to remain with the custodial parent and to give up their already strained relationship with the non-custodial parent.

A non-custodial parent may have rights to intervene when a custodial parent threatens to move their child across state lines. If they do not oppose the move, then they can consent to it. This makes it easier on the custodial parent to leave with the child in question.

Some parents anticipate moves when they draft custodial agreements and place in their child custody documents clauses that govern if, when and how a custodial parent may move with a child. Parents generally cannot violate the terms of those agreements without risking sanctions from the family law courts.

A parent who does not want to see their child moved far away has options for standing up for their preferences and fighting to keep their children close to them. To learn more about Virginia's parental relocation laws, readers can consult with family law attorneys.

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