My question involves a child custody case from the State of: Virginia
Prior to the divorce being finalized, my ex moved to Baltimore from northern Virginia where we both lived in separate households leaving me with sole physical custody. The divorce was finalized naming me as the custodial parent and grants her two hours of visitation on the first and third Thursday of every month and weekends as agreed upon, as well as including the standard move away clause that I must notify her of the intent to move. My question is on my chances at actually securing a move and what is likely to happen. We used to live in California before separation, where my family and support system still live. We moved out to Virginia for a job, but mine allows me to work from anywhere in the US and I want to live in California. I'm pretty sure my ex will object to my move if for nothing else because she doesn't like me. I know she doesn't really want to have sole physical custody, as she set the visitation schedule in the order, I had asked she see him more often and regularly but she dislikes schedules and gave excuses why she cannot commit even one weekend a month. I have asked her to take him for a weekend but she always declines these requests saying that she doesn't have time for him. The one good thing is that after I got sole physical custody of him, he has begun to thrive in school and after school activities just from having that consistency compared to when he was shuttling between our households. I've read that Virginia doesn't tend to favor relocation for custodial parents but they can't actually stop the parent from moving, only the child. I just feel depressed being stuck in Virginia and need to return to California for my sanity - my therapist offered to write a recommendation on my behalf attesting as such. How do you think the court would view this? I know they attempt to live up to the child's best interest standard and weigh financial reasons (going for a better job) over other reasons (sanity/happiness/mental health). I have always encouraged and promoted my son to have a good relationship with his mom, but it's unclear what would happen if I were to "force" the issue by choosing to move to California and let the court decide custody of the child or can the court actually stop me myself from leaving?
Prior to the divorce being finalized, my ex moved to Baltimore from northern Virginia where we both lived in separate households leaving me with sole physical custody. The divorce was finalized naming me as the custodial parent and grants her two hours of visitation on the first and third Thursday of every month and weekends as agreed upon, as well as including the standard move away clause that I must notify her of the intent to move. My question is on my chances at actually securing a move and what is likely to happen. We used to live in California before separation, where my family and support system still live. We moved out to Virginia for a job, but mine allows me to work from anywhere in the US and I want to live in California. I'm pretty sure my ex will object to my move if for nothing else because she doesn't like me. I know she doesn't really want to have sole physical custody, as she set the visitation schedule in the order, I had asked she see him more often and regularly but she dislikes schedules and gave excuses why she cannot commit even one weekend a month. I have asked her to take him for a weekend but she always declines these requests saying that she doesn't have time for him. The one good thing is that after I got sole physical custody of him, he has begun to thrive in school and after school activities just from having that consistency compared to when he was shuttling between our households. I've read that Virginia doesn't tend to favor relocation for custodial parents but they can't actually stop the parent from moving, only the child. I just feel depressed being stuck in Virginia and need to return to California for my sanity - my therapist offered to write a recommendation on my behalf attesting as such. How do you think the court would view this? I know they attempt to live up to the child's best interest standard and weigh financial reasons (going for a better job) over other reasons (sanity/happiness/mental health). I have always encouraged and promoted my son to have a good relationship with his mom, but it's unclear what would happen if I were to "force" the issue by choosing to move to California and let the court decide custody of the child or can the court actually stop me myself from leaving?
Relocation: Can a Custodial Parent Move Away if the Non-Custodial Parent Already Moved Away
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