Can a parent with sole custody move away with the child?

Yes, a parent with sole custody can move away with the child in Virginia. Generally, a parent who has custody of a child can move to another state or city without the consent of the non-custodial parent. This is known as a custodial parent’s right to relocate. In Virginia, the custodial parent must give the other parent a written notice of the relocation. This notice must include information about the new location, when the move will occur, and contact information for the custodial parent. The custodial parent must provide the notice at least sixty days before the intended move. The non-custodial parent can take legal action to contest the move if they feel it would be in the child’s best interests to stay in Virginia. If the non-custodial parent chooses to contest the move, the court will determine if the proposed relocation is in the child’s best interests. The court considers many factors in making this determination, including the impact on the child’s relationship with the non-custodial parent. If the court approves the move, the custody agreement may need to be modified. The court may order an updated visitation schedule that takes into consideration the distance between the parent’s locations. The court will also likely order that the custodial parent provide the non-custodial parent with frequent updates about the child’s well-being.

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