Determining Jurisdiction

• In order for a court in the Commonwealth of Virginia to make a determination on any custody matter, including matters relating to a move out of state, the court must first determine that it holds proper jurisdiction. Jurisdiction requirements in Virginia dictate that the child and and the parent with whom the child presides must have been Virginia residents for at least six months before the filing of the petition. Once it has made this determination, the court will hear matters relating to custody.
  
  

Adequate Cause

• For a custodial parent in Virginia to be granted permission to move out of state, the parent must show just cause that the move is necessary. Reasonable causes to move out of state may include a job transfer that is necessary in order to retain employment or a job offer out of state that will benefit the family financially. If the parents can not come to an agreement on the matter, it will be left up to the court to determine whether or not the move will be granted.
  
  

Child's Best Interests

• When considering whether or not the move should take place, the court will take into consideration what is in the best interest of the child. These issues will include the relationship that the child currently has with the noncustodial parent, how often the child visits the noncustodial parent and whether or not the child has siblings she will be separated from should the move occur. In order for the court to approve the move out of state, it must clearly be shown that the move will be benefit the child as well as the custodial parent.
  
  

Transportation Issues

• If the move is granted, it is typically ordered that the custodial parent make adequate transportation arrangements to allow as much visitation with the noncustodial parent as possible. In these instances, the custodial parent is often required to pay for airline transportation if necessary and to share time with the noncustodial parent over summer vacations and holiday breaks. Costs of transportation are typically split, with each parent paying half of the costs.