Relocation cases are always difficult. Unless there is a restriction in your custody order, there is no prohibition on you moving out of the area. However, that will almost certainly interfere with the other parent's visitation rights. If they have a set visitation schedule, how are they going to exercise it if you are in another state? So that is going to instantly put you in violation of the court order. So the appropriate thing to do would be to petition the court the modify the order to change the arrangement, so that you can move. But be forewarned that this will often prompt the other parent to request a change in custody to them. If the other parent has been actively involved in the child's life, the court may not allow you to take the child away from the other parent.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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