I have recently lost my job and have a opportunity to work at a great job with my current husband in Richmond. I am concerned that my ex-husband may have some type of legal recourse he could take if I move 50 miles south, should that be a concern? Our custody agreement states that we are required to give 30 days notice.
I think that a 50-mile move could be considered a material change in circumstances that would allow him to have the custody order revisited. However, that does not necessarily mean that a change is warranted. It's not as if you are moving out of state. It will depend on how much it affects his visitation rights with the children. Will he still be able to see them just as often? Will the long drives along Route 95 be detrimental to the children? These are the kinds of issues that must be addressed.
If you would rather stay put if it means losing custody of your children to move, then you may want to try to work this out with your ex-husband ahead of time. If you can't come to a resolution with him and you still want to move, be ready to persuade the judge why it is in the children's best interest - not just yours - to relocate to Richmond.
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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