Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Virginia, parental relocation is governed by state statutes and case law that consider the best interests of the child as the paramount concern. When a parent with a child custody agreement wishes to move to a different city or state, they must adhere to any geographic restrictions outlined in the custody agreement or court order. These restrictions are in place to ensure that both parents maintain frequent and continuing contact with the child. If a parent wants to relocate and it conflicts with the existing custody agreement, they must petition the court to modify the order. The court will then evaluate whether the proposed relocation serves the child's best interests, taking into account factors such as the reasons for the move (e.g., job opportunities, education, proximity to family), the impact on the child's relationship with both parents, and the feasibility of maintaining visitation and custody arrangements. If the non-relocating parent opposes the move, the court will carefully consider the objections and the potential effects on the child's well-being. Ultimately, the decision to permit or deny relocation is at the discretion of the court, with the child's best interests as the guiding principle.