You finally have a custody order in place, then a job offer, a new relationship, or military orders in another city turn everything upside down. What felt settled starts to feel fragile, and you worry about what a move will mean for your time with your child. At the same time, you may depend on that move to stay employed, keep a roof over your head, or feel safe.
Parents across Fredericksburg, Stafford, Spotsylvania, King George, and Caroline counties face this situation every year. Some want or need to relocate with a child, others are terrified that a move will undo the relationship they have worked hard to build. Both sides usually have the same questions: Can this move happen? Who has to approve it, and what will a Virginia judge actually do with our existing custody order?
At A. Lewis Lowery, Jr., Attorney at Law, PLC, we have spent more than 35 years in the Fredericksburg-area courts handling child custody, visitation, and relocation disputes. We have seen how local judges approach these cases and how quickly things can go wrong when a parent acts without understanding Virginia law. This guide shares what we have learned so you can move from fear and guesswork to a clearer plan for your family.
Protect your parental rights—schedule a consultation online or call us at (540) 999-1886 to speak with a Virginia custody lawyer about your relocation concerns.
How Virginia Treats Relocation After a Custody Order
Once a Virginia court enters a final custody and visitation order, that order controls where the child lives and when each parent spends time with them. A parent does not have a blank check to move a child wherever they want just because they have primary physical custody. If a proposed move interferes with the current schedule or takes the child a significant distance away, courts in Virginia usually treat it as a request to change the existing order.
This is where two legal ideas come into play. First, there must be a material change in circumstances since the last custody order was entered. Second, even if there is a material change, the court must decide whether the proposed change, including relocation, is in the child’s best interests. In relocation cases, the move itself is often the material change, but judges also look at what triggered it, such as a job loss, job offer, remarriage, military transfer, or serious safety concerns.
It also matters whether you, the child, or both are moving. One parent can generally move their own residence without court permission if it does not change where the child lives or how the schedule works. Problems arise when the move would make it difficult or impossible to follow the existing custody and visitation plan. A move that adds a short drive is very different from a move that adds several hours on the road or a plane flight.
We see many parents in the Fredericksburg area who assume that because they were awarded primary physical custody, they can simply notify the other parent and go. That is a risky assumption. Judges expect any significant relocation that affects parenting time to come back before the court through a motion to modify. Understanding that from the beginning helps you plan your next steps instead of stumbling into a violation of your order.
Virginia’s Relocation Notice Rules and Why They Matter
Most Virginia custody orders contain specific language about the relocation notice. Often, a parent is required to give advance written notice of any planned change of residence for the child, and sometimes for the parent as well. The order may also require that the notice include the new address and phone number if known, and that it be sent to the other parent and possibly filed with the court.
In addition to the language in your individual order, Virginia law generally expects parents to give written notice before moving a child to a new residence, usually a set number of days in advance. The idea is to give the other parent enough time to decide whether to agree, negotiate a new schedule, or ask the court to step in. Some parents try to satisfy this requirement with a casual text or conversation. That often leads to disputes later about whether proper notice was given at all.
If a parent relocates the child without giving the required notice or without waiting for the court to rule when there is an objection, the consequences can be serious. The other parent may file for an emergency hearing asking that the child be returned, or they may request a change in custody, arguing that the moving parent ignored court orders. Judges in Fredericksburg, Stafford, Spotsylvania, King George, and Caroline counties generally look very closely at whether each parent has followed the order in good faith when they decide what to do next.
We regularly review existing custody orders for parents who are thinking about a move or who have just received a relocation notice. Many are surprised by how specific the notice language actually is and how strictly courts expect it to be followed. Taking the time to understand and follow those requirements can prevent you from starting a relocation dispute on the wrong foot and damaging your position before you ever step into a courtroom.
How Virginia Judges Decide Relocation Requests
When a relocation question reaches the court, judges in Virginia go through a two-step analysis. First, they ask whether there has been a material change in circumstances since the last custody order. A parent’s desire to relocate, a concrete job offer, military orders, remarriage, or a serious change in the child’s needs can all qualify. If nothing significant has changed, the court is unlikely to reopen custody at all.
If the judge finds a material change, the focus turns to the child’s best interests. Virginia law lists a series of factors for courts to consider, all centered on the child. These include the child’s age and developmental needs, the existing relationship between each parent and the child, the role each parent has played in the child’s life, the child’s adjustment to home, school, and community, and each parent’s willingness to support the child’s relationship with the other parent. In relocation cases, the impact of the move on these factors is critical.
For example, a proposed move from Fredericksburg to a nearby county that keeps a similar commute might be viewed differently from a move several states away. A judge will typically weigh the claimed benefits of the new location, such as better employment, safer housing, or extended family support, against the harm of reducing in-person time with the other parent and disrupting school and activities. The court will also look at whether the relocating parent has a concrete plan to preserve the child’s relationship with the parent who stays.
The outcomes in these cases are not limited to saying yes or no to the move. A judge may allow the parent to relocate with the child and adjust the other parent’s visitation, perhaps shifting to longer school breaks and extended summer time. The court might allow the parent to move but decide that the child should remain primarily with the other parent. In some cases, the judge denies relocation of the child and leaves the current order in place. After more than 35 years of handling custody matters in local courts, we have seen each of these outcomes and know that detailed, child-focused evidence often makes a meaningful difference.
Common Reasons for Relocation and How Courts View Them
Parents consider relocation for many reasons, but not all carry the same weight in a Virginia courtroom. One of the most common is a job opportunity. A solid offer that improves a parent’s ability to support the child financially, provides stable hours, or offers benefits like health insurance can be significant. Judges typically want to see specifics, such as an offer letter, salary information, and details about the new work schedule, rather than vague claims that there are more jobs somewhere else.
Remarriage and blended families are another frequent driver. A parent may wish to move to live with a new spouse or partner, sometimes out of the Fredericksburg area or out of state. Courts understand that adults form new relationships, but they still focus on what this means for the child. They may ask whether the new household provides greater stability, whether the child has a healthy relationship with the new partner, and whether the move would cut the child off from a deeply involved other parent.
Military transfers, particularly common in and around Virginia, present their own challenges. When one parent receives orders that require relocation, judges recognize that the parent may not have much control over timing or destination. Even so, the court will weigh the same best-interest factors and may decide that the child should remain with the nonmoving parent if that better protects the child’s stability and relationships. Evidence of how the child is doing in their current school and community will often be important here.
Sometimes a parent wants to move for less concrete reasons, such as a fresh start or a general feeling that another area would be better. Courts are usually more skeptical of moves supported only by broad hopes. On the other hand, if relocation is tied to specific safety concerns, such as documented domestic violence or serious crime issues in the current neighborhood, judges will look hard at evidence of risk and the protective steps each parent has taken. In our work with families across Fredericksburg and surrounding counties, we help parents turn their reasons into clear, child-centered explanations the court can fairly evaluate.
Options If You Want To Relocate With Your Child
If you are the parent who wants or needs to relocate with the child, the choices you make at the beginning of the process can shape the entire case. The first step is to pull out your current custody and visitation order and read the relocation and notice language carefully. Doing this before you discuss the move with the other parent or take any action helps you understand what the court already expects of you.
Next, you should think in terms of a relocation plan, not just a relocation idea. Judges in Virginia want to see concrete details about where the child will live, which school they will attend, how medical and counseling care will be handled, and how you will support the child’s relationship with the other parent. A general statement that schools are better in the new area carries far less weight than a side-by-side look at school options, class sizes, and programs, along with a realistic transportation plan for visits.
A strong relocation proposal usually includes a carefully thought-out schedule for the other parent’s time and communication. That can involve longer blocks of parenting time over school breaks, extended summer visitation, and frequent virtual contact by phone or video. It also involves a plan for transportation and cost sharing. Judges often take a hard look at whether the relocating parent is willing to shoulder more of the travel burden, since they are the one asking to move the child farther away.
One of the most damaging mistakes we see moving parents make is to move first and ask the court later. This often leads to emergency motions, accusations of bad faith, and, in some cases, a change in primary custody. Another common error is sending angry or threatening messages about the move, which almost always end up as exhibits in court. At A. Lewis Lowery, Jr., Attorney at Law, PLC, we personally work with moving parents to shape a detailed, child-focused plan and to prepare for the possibility of a contested hearing, drawing on Attorney Lowery’s years of courtroom experience as a former prosecutor.
Options If You Want To Oppose a Relocation
If you are the parent who may be left behind, time is not your friend. Once you receive written notice of a proposed relocation, or even credible word that the other parent is planning a move, you should act quickly. That usually means consulting a Virginia custody lawyer, reviewing your order, and considering a motion to enforce the current order or to modify custody and visitation to prevent the child from being moved without court approval.
Your goal in opposing relocation is not just to say that you do not like the idea of the move. Judges focus on the child, so your case should focus on the child as well. That often involves gathering evidence of your day-to-day involvement, such as school communication, attendance at activities, medical appointments, and your regular exercise of parenting time. It can also involve testimony from teachers, counselors, or family members who can speak to the child’s adjustment and ties to the current community.
It is also helpful to prepare your own practical vision for the child’s future if the move is denied or if custody is changed. Courts want to know not only why relocation is harmful, but also how you will meet the child’s needs if the child remains primarily with you. This might include your work schedule, support network, and plans for education and extracurricular activities. The clearer and more realistic your plan, the easier it is for a judge to see the child thriving without relocation.
In some cases, the court might allow the relocating parent to move, but decide that the child should remain with you as the primary custodian. In others, the judge may block relocation of the child altogether or approve the move with significant changes to the schedule and transportation. Our firm’s long experience in Fredericksburg, Stafford, Spotsylvania, King George, and Caroline courts helps us present a full picture of a nonmoving parent’s role in the child’s life, going beyond emotion to the kind of detail judges rely on when making these difficult decisions.
What To Expect in a Fredericksburg-Area Relocation Hearing
Relocation cases often culminate in a contested hearing, which can feel overwhelming if you have never been in a courtroom. In the Fredericksburg region, these hearings typically follow a modification filing, service on the other parent, and at least one court date before the final hearing. The specific timing varies based on the county, the court’s docket, and whether temporary orders are requested, which is why early legal advice is so valuable.
At a relocation hearing, each parent usually testifies about their relationship with the child, their reasons for supporting or opposing the move, and their proposed plan going forward. Judges want to hear concrete facts, not just broad statements. It is common to see documents such as school records, report cards, activity schedules, travel cost estimates, and written parenting plans offered as exhibits. The court may also hear from other witnesses who know the child well, such as family members or teachers.
Parents are often surprised by how detailed these hearings become. Judges may ask specific questions about daily routines, how far the new home is from the other parent, the child’s friendships, and how holidays would work if the move is allowed or denied. The court can issue temporary orders to maintain stability while the case is pending, especially if a proposed move date is close, and can adjust those orders at the final hearing based on the full evidence.
For more than three decades, we have appeared before local judges in Fredericksburg, Stafford, Spotsylvania, King George, and Caroline counties on custody and relocation issues. That everyday familiarity with how hearings are run, what questions are commonly asked, and what evidence tends to carry the most weight allows us to prepare our clients in detail. Knowing what to expect in the courtroom can take some of the fear out of a process that is already emotionally difficult.
When To Talk With a Virginia Custody Lawyer About Relocation
Relocation decisions rarely wait until life is calm. Many parents come to us right after receiving a relocation notice, being served with a motion, or learning of a job offer or a set of military orders. These are all critical points when moving forward without legal guidance can increase the risk of an outcome you do not want. You do not have to wait until something is filed to get advice. In many cases, an early conversation can prevent missteps that will later be difficult to undo.
A Virginia custody lawyer can review your existing order, assess whether there is likely to be a material change in circumstances, and help you understand how a judge in your local court might weigh the best-interest factors in your specific situation. We look for weak spots in both your position and the other parent’s, then develop a strategy that fits your family’s needs and the realities of Fredericksburg-area practice. Because Attorney Lowery personally handles each case and brings years of courtroom experience as a former prosecutor, you are speaking with the person who will actually stand up in court on your behalf.
At A. Lewis Lowery, Jr., Attorney at Law, PLC, we know that relocation timelines can be tight and that parents often juggle work, child care, and court dates. We are responsive, make ourselves available when you need answers, and can arrange evening or weekend appointments when necessary so that you do not have to navigate this alone. If you are considering a move or worried about one, a focused consultation can give you a clearer picture of your options before events overtake you.
Schedule a consultation online or call us at (540) 999-1886 to speak with a Virginia custody lawyer about your relocation options and fully protect your parental rights.