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Hofheimer Family Law Firm

After a Virginia Divorce: 4 Things to Know If You Want to Move Out of State with Your Kids

After a Virginia divorce is settled you might have cause to consider a move out of state with your children. Before you embark on this endeavor, you should familiarize yourself with child custody law in Virginia. It can be difficult to move your child away from the parent sharing custody.

There are 4 things the courts will look at when considering your request to move your children out of Virginia:
  • You must prove the move is in the best interest of the child.
  • You must thoroughly research the area where you plan to move.
  • Demonstrate the move will retain or improve the quality of life for your child.
  • Show that they can still spend time with extended family members.
Proving Best Interest and Documenting Your Move 
The primary concern of the courts after a Virginia divorce will be the best interest of the child. It is no matter whether the move will benefit you. If you need help proving the move will benefit your child, an experienced Virginia divorce attorney for women can help you compile a list.

Part of the paperwork that will help to prove the move is in the best interest of the child will be documented research on the new location. To satisfy child custody law in Virginia you can show the court photos of the neighborhood and residence that you plan to inhabit after the move. You're trying to prove that your child's quality of life will remain the same or even improve with the move.

So, if your child plays field hockey or practices ballet, make sure that these facilities are available to satisfy child custody law in Virginia in the eyes of the court.

Family Visits and Visitation Rights
Besides playing with other kids after the move, showing the court that you can visit with extended family members is a good way to augment your reasons for the move. Although you may move further from your ex you won't be denying your child quality family time. You are trying to prove that you approach co-parenting in a positive way after a Virginia divorce.

Even if the permanent relocation is in your child's best interests and the advantages seem obvious to you, be prepared for your ex to fight it. It is up to you and your attorney to demonstrate that the move will be fair to you, your children and your ex and that you are prepared to take the necessary steps to ensure that his relationship with the kids remains intact.

At Hofheimer Family Law Firm, we understand that the health and happiness of your children is your #1 concern. We will work with you to address any fears and anxieties you may have about your children's future. Our women's-only divorce attorneys will guide you every step of the way to ensure that you achieve the best possible child custody and child support arrangements that adhere to child custody law in Virginia.

To learn more about your Virginia divorce, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar - 757-425-5200.

Kristen Hofheimer
A passionate advocate and well known champion for women in divorce and child custody issues.