Relocation custody modification attorney

A proposed move by one parent is the event most likely to reopen a settled custody arrangement, because it makes the existing schedule impossible rather than merely inconvenient. In Virginia the process begins with a statutory notice requirement, and both the parent moving and the parent objecting are on a clock from the moment it is given. Law Offices Of SRIS, P.C. has practiced since 1997 and Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Reach our location at (888) 437-7747.

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The Notice Requirement

Under Va. Code § 20-124.5, a parent intending to relocate in a way that would materially affect the existing custody or visitation arrangement must give 30 days’ advance written notice to the court and to the other parent, and the notice must be filed with the court. The other parent may then seek modification before the relocation takes place.

That provision does two things. It gives the objecting parent a defined window in which to act, and it makes a move without notice a breach in itself — which is a poor beginning for a parent who will shortly be asking a court to approve the move.

Relocation as a Change in Circumstances

Modification requires a material change in circumstances and that the proposed arrangement serves the child’s interests. A relocation that makes the existing schedule unworkable is ordinarily accepted as the change; the contest is over what should replace it, assessed against the statutory factors at Va. Code § 20-124.3.

Those factors do the work. The relationship between each parent and the child, the role each has played and will play, each parent’s propensity to support the child’s contact with the other, the child’s needs including relationships with siblings and extended family, and the child’s reasonable preference where the child is of sufficient age and understanding.

What Persuades and What Does Not

A relocation supported by something concrete — a documented employment offer, proximity to family who will provide care, a specific educational opportunity — is a different proposition from one supported by a general wish for a fresh start. Courts assess the reason, and a reason that cannot be evidenced tends to be read as motivated by the litigation.

Equally important is the proposal for preserving the other parent’s relationship. A moving parent who arrives with a detailed schedule, an offer to bear travel costs, and concrete arrangements for regular contact is answering the factor about supporting the child’s relationship with the other parent. One who has not thought about it is answering it too, in the other direction.

For the Objecting Parent

Act within the window. Establish the existing pattern of involvement with documents rather than assertion — school records, medical appointments attended, the actual exercise of the schedule over time. Address the practicality of the proposed replacement arrangement honestly, including cost and travel time for the child.

Objecting without proposing anything is weaker than objecting and offering a workable alternative, including the possibility of a change in primary residence if the move goes ahead.

Frequently Asked Questions

What notice is required in Virginia?

Under Va. Code § 20-124.5, 30 days’ advance written notice to the court and the other parent of any intended relocation that would materially affect the existing custody or visitation arrangement, with the notice filed with the court. The other parent may seek modification before the relocation occurs.

What if a parent moves without giving notice?

It is a breach of the statutory requirement and a poor starting position for a parent who will shortly be asking a court to approve the move. Courts take the notice requirement seriously precisely because it exists to allow the other parent a defined opportunity to be heard.

Is relocation automatically a change in circumstances?

A relocation making the existing schedule unworkable is ordinarily accepted as the material change. The contest is over what replaces the arrangement, which the court assesses against the statutory factors at Va. Code § 20-124.3 rather than by asking whether the move is reasonable in the abstract.

What reasons for moving carry weight?

Concrete ones that can be evidenced — a documented employment offer, proximity to family who will provide care, a specific educational opportunity. A general wish for a fresh start is weaker, and a reason that cannot be evidenced tends to be read as motivated by the litigation.

What should the moving parent propose?

A detailed schedule preserving the other parent’s relationship, an offer on travel costs, and concrete arrangements for regular contact. That directly answers the statutory factor about supporting the child’s contact with the other parent, and a parent who has not addressed it answers it in the other direction.

What should the objecting parent do?

Act within the window, establish the existing pattern of involvement with documents rather than assertion, and address the practicality of the proposal honestly. Objecting while offering a workable alternative — including a possible change of primary residence if the move proceeds — is stronger than objecting alone.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.

Speak With Mr. Sris

The 30-day notice under § 20-124.5 starts the clock for both parents, and a move without it begins the case badly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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