Relocation custody

A move-away case asks a court to choose between two things it would rather not weigh against each other: a parent’s reason for moving and a child’s relationship with the parent being left behind. Law Offices Of SRIS, P.C. handles relocation disputes in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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Notice comes first

In Virginia, Va. Code § 20-124.5 requires a custodial parent to give 30 days’ advance written notice to the court and to the other parent of any intended relocation that would materially affect the existing custody or visitation arrangement, and the notice must be filed with the court. The other parent may then seek modification. Moving first and explaining later is the single most common way a relocating parent damages an otherwise reasonable case.

What the court weighs

Virginia courts determine custody and visitation under Va. Code § 20-124.2, giving due regard to the primacy of the parent-child relationship, and weigh the statutory best-interests factors set out at Va. Code § 20-124.3. New Jersey applies the best-interests framework at N.J.S.A. 9:2-4, which expresses a public policy of assuring children frequent and continuing contact with both parents. Maryland, the District of Columbia and New York apply their own best-interests standards. The label a case carries does not change the standard; it changes what the court has to sort through to apply it.

Within that framework, relocation cases turn on the specifics: whether the move has an independent justification, what the proposed long-distance schedule actually looks like on a calendar, who bears travel cost, and how the child’s existing schooling, care and community are affected. A concrete alternative schedule is usually more persuasive than an argument about motive.

Pages in this section

International relocation
Out-of-state relocation

Speak with Mr. Sris

Mr. Sris is a former prosecutor and 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 handle matters alongside him. To request a confidential consultation, reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 21, 2026.

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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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