What to Do in Custody Case When the Other Parent Moves Out-of-State
What to Do in Custody Case When the Other Parent Moves Out-of-State?
When a parent moves away with a child without informing the Juvenile and Domestic Relations Court or the other parent in a custody case in Virginia, it can create a complex and urgent legal situation. Virginia law has specific provisions that address parental relocation and custody – and as a custody lawyer in Roanoke, I can help protect you and your family.
Does the other parent have to give notice before moving?
Yes. Under Virginia law, Va. Code § 20-124.5, a parent who intends to relocate with a child must give 30 days’ advance written notice of the relocation to the other parent and the court. This notice should include the intended new address and the reason for relocation.
What if the parent moved out of state without any notice or permission?
If the other parent has moved with the child without proper notice or court approval, it’s crucial to take immediate legal action. You should consult with a family law attorney experienced in custody cases to discuss your options and initiate appropriate legal proceedings.
How do I get help fast?
You may need to file a motion in the court that issued the original custody order, seeking an emergency hearing. This motion can request the court to order the return of the child and to reconsider the custody arrangement. Explain the situation, emphasizing that the other parent moved without proper notice and court approval.
In urgent cases, you can seek an emergency custody order under Va. Code § 20-124.2. This requires showing immediate harm to the child or that the child is at risk of being removed from the state. An emergency custody order can provide temporary relief until a full hearing is held.
Can I enforce the original custody order?
Yes. If there’s an existing custody order that the other parent violated by moving without notice, you can seek enforcement of that order. Under Va. Code § 20-124.6, Virginia has provisions for enforcing custody and visitation orders, which can include court interventions to ensure compliance.
Can I seek a modification of the original order?
Yes. If the relocation has a significant impact on the child’s welfare or your ability to exercise custody or visitation rights, you can petition the court to modify the existing custody order. The court will consider the best interests of the child, including the factors outlined in Va. Code § 20-124.3.
Tips for When the Other Parent Moves Out of State
Keep detailed records of all your efforts to locate the child and communicate with the other parent. This documentation can be important evidence in court proceedings. Avoid self-help measures. Do not attempt to retrieve the child on your own without legal authority. Self-help measures can complicate the situation and negatively impact your case. Always work through the legal system.
If the situation involves parental kidnapping or abduction, law enforcement should be involved. Virginia has laws against parental abduction (Va. Code § 18.2-47), and law enforcement can assist in locating and returning the child. Throughout the process, comply with all court procedures and orders. Attend all scheduled hearings and present your case effectively, focusing on the best interests of the child and the impact of the unauthorized move.
Getting Custody When the Other Parents Moves Out of State
When facing a situation where the other parent has moved away with the child without telling the court in Virginia, it’s crucial to act promptly and follow legal procedures. Consult with an experienced custody lawyer, file necessary motions, and utilize the legal system to protect your rights and ensure the child’s welfare. Compliance with the law and court orders is essential in resolving such complex custody disputes. Our team is ready to help. Call us today for a free consultation.