I'm the mother of a child in Virginia that has primary costody of my 12 year old son. Can I relocate to another state with my son.

Relocation cases are very difficult when it will take the children away from the other parent, if that parent has been actively involved with the children's lives.  You didn't say whether there is an existing custody and visitation order in place, but assuming there is, you will have to look at that order and see what it says.  Sometimes there is a prohibition on moving too far away with the child, but more often it is silent as to relocation.  However, if the father has regular visitation with the child, then depending on how far away you move, that will probably prevent him exercising his visitation, which will put you in violation of the court order.  In that case, you will need to petition the court to change the order to avoid being in contempt of court.  If the father fights it, it is possible that the court will prohibit the child leaving the state and if you still feel you need to go, the father could get custody of the child.  It really depends on your situation and how good of a custodian the father would.  You would have to show that it's in the CHILD's best interest, not just yours, to relocate to another state.  Your best option is usually to try to get the father to agree -- offer him the entire summer, every Spring Break, major holidays, whatever it takes.   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. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.