Im in the military and getting discharged in the near future. I want to move to SC to be closer to family. Only my oldest child is getting child support and is under a custody order. My two younger kids have never been entered into court system and the father is only listed on the oldest childs birth certicate.
Unless your custody order has a provision preventing you from leaving the state, there is nothing legally stopping you from moving. However, this will constitute a material change in circumstances that will give the father the right to petition the court for a change in custody. He may also be prompted to file for custody of the younger children. In addition, if the current court order allows regular visitation for the father, your moving away may interfere with his visitation rights. You should not do anything that will put you in violation of the court order. Otherwise you are free to do what you must and what you consider to be in the best interest of your children and let the chips fall where they may. If you don't want to risk a custody battle, you should try to work it out ahead of time with the father and find an arrangement that he is happy with. Relocation cases are among the most difficult because it is hard to find a solution that is fair to the non-custodial parent who is staying put.
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.
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