Can I Move Out of State with My Child? Relocation and Custody Laws in Virginia with Lauren Mearns, Esq.

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September 18, 2025Author: Grant Moher, Esq.

Can I Move Out of State with My Child? Relocation and Custody Laws in Virginia with Lauren Mearns, Esq.

In this episode of Attorneys Dedicated to Family Law, Curran Moher Weis attorney Lauren explores one of the most sensitive and complex issues in family law: relocation in custody cases. Drawing from her experience handling custody disputes, Lauren explains the legal steps required, how Virginia courts evaluate relocation requests, and the impact these decisions can have on parenting schedules and parent–child relationships.

Relocations can arise for many reasons — new job opportunities, family needs, or military assignments — but when parents share custody, moving a child can create major challenges. Lauren emphasizes that Virginia courts place the child’s best interest above all else, carefully weighing how a move will affect stability, education, and ongoing relationships with both parents.

A key requirement under Virginia law is advance notice: the relocating parent must notify both the other parent and the court before moving. Failing to provide notice can trigger legal consequences, including loss of custody rights.

For families with military or foreign service obligations, relocation cases can be especially complicated, often requiring swift legal action to protect jurisdiction and preserve parenting time.

The Legal Framework in Virginia

Virginia courts follow clear standards when deciding relocation cases. Judges consider not just the benefits to the relocating parent, but also the potential disruptions to the child’s relationship with the other parent.

Practical Challenges of Relocation

Relocations often mean revisiting parenting schedules, holiday time, and even financial obligations like child support. Long-distance arrangements may also create new expenses and logistical hurdles. Lauren stresses that early communication and planning can prevent conflict and help parents reach solutions without prolonged litigation.

Guidance for Parents Facing Relocation

  • Always give proper notice to the court and the other parent before moving.

  • Act quickly in relocation cases to avoid loss of jurisdiction.

  • Prioritize the child’s needs — courts will focus on stability, education, and family ties.

  • Plan for long-distance parenting — travel costs and holiday schedules must be factored in.

  • Communicate early — honest discussions may help parents avoid costly disputes.

🎧 Attorneys Dedicated to Family Law is a podcast from Curran Moher Weis, offering real-world guidance on family law challenges in Virginia. In this episode, Lauren, Esq., breaks down the legal and practical considerations surrounding relocation, helping parents understand their rights and prepare for the unique challenges these cases present.

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