I have a Final Order that has just been transferred from Florida to Virginia after two years of residence. I am listed as the parent with sole parental responsibility. The father has some visitation but is required to pay for all travel costs incurred with visitation to and from. I am inquiring about moving out of state and would like to explore my options and what needs or can be done. Can I move out of state without his consent? Can he contest and stop me from moving out of state?
Answer
Without seeing any of the paperwork, I believe you will be required to give the father 30 days advance notice of you intent to move. He will then have the right to challenge your taking the child(ren) with you; he cannot prevent the move but he can argue that the move is not in the best interests of the child(ren) and request custody.
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