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Hofheimer Family Law Firm

Dealing with Child Relocation in the State of Virginia (Part B)

If you or your spouse is working on modifying a Virginia child custody agreement because of child relocation, you have to know how to act when in court. In addition, if the judge approves child relocation, you'll need to know which state will have jurisdiction over your child.

Your Demeanor & Modifying a Virginia Child Custody Agreement

As old-fashioned as this may sound, your appearance can have an impact on court proceedings. Cover up any tattoos that you might have, wear low-key makeup and dress like a responsible maternal figure, favoring long skirts and blouses over short skirts or power suits.

When you're in court, you not only have to control your appearance, you also have to control your actions. In fact, be polite to everyone, even when you are sitting in court and the judge isn't present. Judges often ask other court representatives, such as bailiffs, how you behave when he or she isn't presiding.

This is very important. If anyone is going to be a "bad guy" on your side of the proceedings, let it be your Virginia child custody lawyer. You need to be in control of your emotions when your child relocation case is in court.

The Uniform Child Custody Jurisdiction and Enforcement Act

The Uniform Child Custody Jurisdiction and Enforcement Act was enacted to help prevent parental kidnapping and to prevent inconsistent rulings on child kidnapping on a state-by-state basis. Even though you or ex-spouse are not in court about kidnapping your child, this Act has an impact on child relocation from Virginia.

If your judge approves child relocation, the laws governing child custody issues would remain with Virginia regardless of in which state your child lives. This is assuming that Virginia is designated as your child's home state. In order for Virginia to qualify to be your child's home state:

  • Your child must have lived the state with a parent or guardian for at least 6 months in a row before filing for child relocation
  • If your child is less than 6 months old, your child's home state would be Virginia if your child lived in Virginia since birth

This means that when Virginia is designated as your child's home state, Virginia child custody laws will apply even if there are laws more advantageous to you or your ex-spouse in the state in which your child will be living. This can be a major issue in child relocation, so discuss it with your lawyer.

At Hofheimer Family Law Firm, we understand that the health and happiness of your child is your #1 concern and we will work with you to address any fears and anxieties that you may have about your child's future. Our women's divorce attorneys will work with you every step of the way to ensure that you achieve the best possible child custody and child support arrangements for you and your children. Contact us today to schedule a legal consultation - (757) 785-9761.

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