Moving With Your Child in Virginia

The 30-day written notice in § 20-124.5, asking the court to change the order, and moving out of state

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal

Quick answer

Every Virginia custody or visitation order must require any party intending to relocate to give 30 days' advance written notice of the move and of any intended change of address to the court and the other party, unless the court, for good cause shown, orders otherwise (Va. Code § 20-124.5). Virginia's custody chapter does not set a separate relocation test, so a move that calls for a different schedule is raised by asking the court to amend or review the order, and the court decides it on the child's best interests.

The notice requirement

Under Va. Code § 20-124.5, in any proceeding involving custody or visitation, the court shall include as a condition of the order a requirement that 30 days’ advance written notice be given to the court and the other party by any party intending to relocate, and of any intended change of address, unless the court, for good cause shown, orders otherwise. The court may require the notice to be in a particular form and contain the information it deems proper.

Read your own order

Because the court can set the form and content of the notice, or excuse it for good cause, the wording in your order controls. Check it before you send anything.

This guide is general legal information, not legal advice. Every case is different, and each Virginia juvenile and domestic relations district court and circuit court has its own local practices. Onbello is not a law firm. If you can afford an attorney, we encourage you to hire one.

When the move changes the schedule

Chapter 6.1 of Title 20, Virginia’s custody and visitation chapter, contains no separate relocation statute or relocation factor list beyond the notice condition in § 20-124.5. A parent who wants the court to change custody or visitation because of a move asks the court to modify the order. In the J&DR court that is done on DC-630, Motion to Amend or Review Order with a new DC-620 affidavit.

The court then applies the two-part test from Keel v. Keel, 225 Va. 606 (1983): whether circumstances have changed since the last custody award, and whether a change in custody would be in the child’s best interests, weighing the factors in § 20-124.3. Among those factors are each parent’s support for the child’s relationship with the other parent and the child’s other important relationships. See the modification guide.

Other notice rules that can apply

Support orders. When support is paid through the Department of Social Services or directly to the other parent, the support order must require the parties to give each other and the court at least 30 days’ advance written notice of a change of address, unless the court orders otherwise for good cause (§ 20-60.3(10)).
Deployment orders. A temporary order entered because of a parent’s military deployment must require the nondeploying parent to give the court 30 days’ advance written notice of any change of address and telephone number (§ 20-124.8(A)).

Moving out of Virginia

A Virginia court that made a custody determination keeps exclusive, continuing jurisdiction as long as the child, a parent, or any person acting as a parent continues to live in Virginia, except for temporary emergency jurisdiction (§ 20-146.13(A)).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

Common questions

Do I have to give notice before moving with my child in Virginia?

Under Va. Code § 20-124.5, every custody or visitation order must include a condition that any party intending to relocate give 30 days' advance written notice to the court and the other party of the move and of any intended change of address, unless the court, for good cause shown, orders otherwise. The court may also require the notice to be in a particular form and contain particular information.

How do I change a custody or visitation order in Virginia?

In the J&DR district court, the J&DR District Court Manual says motions to modify custody orders may be filed directly with the clerk's office on Form DC-630, Motion to Amend or Review Order, together with a completed DC-620 affidavit. The Supreme Court of Virginia's two-part test in Keel v. Keel, 225 Va. 606 (1983), asks first whether there has been a change in circumstances since the most recent custody award, and second whether a change in custody would be in the child's best interests.

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