Child Custody Relocation

Fairfax Child Custody Relocation Attorneys

Experienced Child Relocation Lawyers Serving Fairfax, VA

We live in an increasingly mobile society. As a result, it is not unusual for a parent with custody of their children to want to relocate their children to another community within their state, out of state, or even to a foreign country. When this occurs and the relocation of the children is opposed by the other parent, you need counsel who is familiar with the unique issues involved in child custody relocation cases in Virginia.

If the parents are able to resolve these issues, counsel will draft a new custody agreement and/or court order setting forth the parents’ agreement regarding the relocation, any changes to the custodial arrangements, and the new parenting schedule. Typically, when children relocate far away from one of the parents, the parent who is not relocating attempts to maximize their time with the children during their school vacation periods; depending on the distance between the homes of each parent, regular weekend visitation may also be arranged.

For answers to specific questions you have, call the experienced Fairfax child custody relocation attorneys at Wexell Milman at (703) 454-5448 or contact us online to book an appointment.

Understanding Your Legal Options for Child Custody Relocation

Relocating with children after a divorce or separation can be a complex legal issue. Whether you are considering moving with your children or your co-parent is seeking to relocate, it is important to understand your legal rights and options. Our experienced Fairfax child custody attorneys can provide guidance and representation to help you navigate the legal process.

When it comes to child custody relocation, it is crucial to consider:

  • The best interests of the children
  • Existing custody and visitation agreements
  • Notification and consent requirements
  • Potential impact on the parent-child relationship

By seeking legal counsel early in the process, you can better understand your rights and options for child custody relocation. Contact us today to schedule a consultation to discuss your specific situation.

Disputed Child Custody Relocation: The Court Must Determine the Best Interests of the Children

While the court cannot prevent a parent from relocating, when the parents cannot agree on whether or not the move is in the best interests of their child or children, the court has the ability to decide this issue. Like all child custody cases, in deciding this issue, the court in Virginia must consider the child custody factors set out in section 20-124.3 of the Code of Virginia. The court must consider the factors because the best interests of the children must always be determined in all child custody decisions.

Based on the Virginia Court of Appeals’ decision in Sullivan v. Knick, the trial court must also consider whether or not the relationship between the children and the non-relocating parent can be substantially maintained if the children are permitted to relocate.

The court also stated in Sullivan v. Knick that “the court may consider a benefit to the parent from relocation only if the move independently benefits the child.” Although advantages to the moving parent from the relocation may inure to the child and merit consideration, these advantages must be weighed against any adverse impact of the move on the relationship between the child and the other parent.

Child Custody Relocation Cases are Fact Driven

To be successful in a child custody relocation case in Virginia, you need counsel who can present your facts in a concise and compelling way.

The experienced Fairfax child custody relocation lawyers at Wexell Milman have handled a number of child custody relocation cases, including the seminal case of Sullivan v. Knick, at both the trial and appellate level. Should you be involved in a child custody relocation case — whether you are the parent who wishes to move away with the children after divorce or the parent who is opposing the move — we welcome the opportunity to consult with you about your options.

Understanding the Emotional Impact of Child Custody Relocation

Navigating a child custody relocation can be emotionally taxing for both parents and children. It’s essential to recognize that this process can significantly affect your family dynamics and your child's well-being. At Wexell Milman, we believe that addressing these emotional aspects is just as crucial as understanding the legal framework.

Here are some key considerations to keep in mind:

  • Open Communication: Encourage honest discussions with your child about the relocation. This can help them express their feelings and understand the situation better.
  • Maintaining Relationships: Discuss how the move will impact your child's relationships with friends and family. Finding ways to keep these connections alive can ease the transition.
  • Professional Support: Consider involving a child psychologist or counselor to help your child process their emotions and adapt to the changes.
  • Co-Parenting Strategies: Work with your co-parent to create a plan that minimizes disruption and supports your child's emotional needs.

At Wexell Milman, our compassionate attorneys are not only skilled in legal matters but also understand the emotional complexities involved in child custody relocation cases. We are here to support you and your family through this challenging time, ensuring that your child's best interests remain at the forefront of every decision.

Why Choose Wexell Milman for Your Child Custody Relocation Needs?

When navigating the complexities of child custody relocation, having a dedicated and experienced legal team by your side can make all the difference. At Wexell Milman, we understand that each family's situation is unique, and we are committed to providing personalized legal support tailored to your specific needs.

Here are a few reasons why clients in Fairfax and surrounding areas trust us with their child custody relocation cases:

  • Experienced Attorneys: Our team has extensive experience in family law, specifically in child custody matters. We stay updated on the latest legal precedents to ensure your case is handled with the utmost expertise.
  • Personalized Attention: We take the time to listen to your concerns and understand your goals. Our attorneys will work closely with you throughout the process, ensuring you never feel lost or overwhelmed.
  • Proven Track Record: We have successfully represented numerous clients in child custody relocation cases, achieving favorable outcomes that prioritize the best interests of the children involved.
  • Comprehensive Resources: Our firm offers a wealth of resources, including access to child psychologists and mediators, to support your case and provide a holistic approach to resolution.
  • Transparent Communication: We believe in keeping our clients informed every step of the way. You can expect regular updates and clear explanations of your options and potential outcomes.

Choosing the right legal representation is crucial in child custody matters. Let Wexell Milman guide you through this challenging process with compassion and professionalism. Contact us today to learn more about how we can assist you.

Our Experienced Fairfax Child Custody Relocation Attorneys Can Help

Our knowledgeable attorneys will offer advice based on the facts of your case and on Virginia law. 

For answers to specific questions you have about child custody relocation, call Wexell Milman at (703) 454-5448 or contact us online to book an appointment.
 

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To schedule an initial consultation, call our law offices in Fairfax, Virginia, at (703) 454-5448 or complete and submit the form on the right.

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