Moving After Divorce

Relocation cases are always extremely difficult.  You will have to show that it is not only what is best for you, but what is in the children's best interest.  This can be very difficult when the other parent has been actively involved in their lives because it is presumed that what is best for the children is to have both parents involved in their lives as much as possible.  So taking them away from their other parent is going to be a big strike against you.  All other things being equal, the father in this situation would ordinarily be given custody while you go get back on your feet.  Once he has custody, it can be nearly impossible to change that in the future because stability and not uprooting the children from one home to another is another big factor the courts will look at.  The only way to overcome all of this is if you can show that you have been the children's primary caregiver and that you are in the best position to provide for their emotional, physical, and educational well-being in the future, such that it is better for them to move away with you than to remain with their father.  It can be an uphill battle, if he wants to keep them here and if he has no major flaws in his own parenting abilities.  In these types of cases I usually encourage people to offer whatever they can to try to settle it - offer him to have the kids for the entire summer, for Spring Break, for major holidays, whatever he wants that might entice him to agree.  Because short of an agreement, you are potentially facing long drawn-out expensive custody battles or losing custody of your kids altogether.   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.