The UCCJEA and what it means for your out of state move:
If you are planning on moving to a different state with your child and have an existing custody order then you need to familiarize yourself with the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). This is widely used in the United States and is utilized in Virginia, and is designed to ensure that the child’s home state is the one that has preference when litigation occurs.
What does this mean for my move?
Virginia law allows a parent to move anywhere. But if there is already an existing custody order then you cannot just unilaterally decide to move the child and think that the Court is going to be ok with it. The Court will prioritize the best interests of the child at all times. This also means that the Court is not going to permit a parent to move states and then use the new state’s court to “forum-shop” in order to get preferential treatment in the home state. Generally speaking, the UCCJEA considers a child’s home state to be one that they have resided in for the previous six months.
How do I move the “right way?”
Virginia Code 20-124.5 provides that thirty days advance written notice must be given to the court and other parent prior to a move. This is true regardless of whether it is in one’s court order or not. Before moving a parent should make sure that they meet this critical requirement of notification.
Is there a way to “win” taking my child out of state?
Virginia will always consider the “best interests of the child” when deciding whether your child should move. Virginia will also want to see that there is an “independent benefit” to the move. For example, if you are in the military and are moving to Japan because of orders, but have no family in Japan, connections in Japan, housing in Japan, etc., you are going to be hard pressed to show that moving there is in the best interests of the child. This is particularly true when you have another parent who might have extensive ties to your home base area, or the child has gone to the same school for a long time, etc.
