Thank you. Let us discuss both situations then.
IF HE SIMPLY IS BLOCKING THE MOVE
He has the ability to attempt to block it. If so, then the Court will decide whether relocation can occur. The relocating parent bears burden to prove a material change of circumstances and that the proposed relocation is in the child's best interests. Surles v. Mayer, 48 Va. App. 146, 628 S.E.2d 563 (2006). The Court will look as to reason for relocation, ability to still visit the other parent, school, family, and other circumstances.
IF HE FILES TO MODIFY CUSTODY
He can attempt to do so. However if he does, he has to prove that:
1) There has been a significant change in circumstance to warrant the request for modification, and
2) This is in the best interest of the child per the factors outlined HERE.
The Court is generally hesitant to modify custody unless there is a real need to, such as alcoholism, abuse, neglect, etc. So just because he says he will does not mean that he will be successful if he tries.
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