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Attorney & Mediator
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A mother living in Virginia wants to move to South ...

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A mother living in Virginia wants to move to South Carolina. She has full custody of the children and the father has visitation rights. If she maintains the visitation schedule as outlined in the custody agreement, is there anything the father can do to stop or delay her move to South Carolina?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your question.

Under Virginia code section 20-124.5 the custodial parent must give the non-custodial parent notification of their relocation within 30 days of their intended relocation. From there the non-custodial parent can file for a review hearing for the judge to authorize the relocation. In Virginia, the relocating parent bears the burden of proof to show that relocation would be in the child's best interests. So to answer your question, regardless if you are able to accomodate the father's visitation, the court will first require that you send the father notice as court ordered and you may be required to provide good cause to the court before relocation is authorized.

So yes, father can delay or stop the move.

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