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Hofheimer Family Law Firm

Interstate Child Relocation from Virginia (Part B)

If you or your ex-spouse wants to move out of state with your child, it's important to understand the positive and negative aspects the court will consider before granting permission for a custodial parent to move to another state.

Virginia Child Custody Laws and Child Relocation

If Virginia is designated as your child's home state, your child will be governed by Virginia child custody laws regardless of the state in which your child resides in. Virginia would be considered your child's home state if your child has lived at least 6 months continuously in Virginia. If your child is less than 6-months-old, Virginia would be considered to be your baby's home state if your infant has been living in Virginia since birth.

This means that Virginia child custody laws would apply even if the new state's laws are more advantageous to you or your ex-spouse. Keep in mind that moving to another state might mean adjusting child support either up or down under Virginia's child custody laws and according to your specific circumstances. In addition, other aspects of custody might be affected.

The Effects of Child Relocation on Your Child

Keep in mind that most children don't like change. In fact, most children would probably prefer that their parents live next door to each other if their parents can't live in the same house. Relocating a child to another state, even if the court approves the action, will likely present some emotional challenges for your child.

After moving, your child may: 

  • Ÿ Miss your ex-spouse
  • Ÿ Express a longing to see old friends
  • Ÿ Miss extended family
  • Ÿ Feel lonely
  • Ÿ Feel out-of-place
  • Ÿ Show signs of depression 


Regardless of whether you or your ex-spouse currently has physical custody of your child, be prepared to recognize your child's feelings and be as supportive as you can. A big move coupled with a divorce situation can be incredibly stressful on a child. It's important to take this time to comfort them and provide as much stability as you can to help them through this change.

At this vulnerable time, it's critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.

The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who are involved in child custody disputes. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule a legal consultation - (757) 425-5200.


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