Reston, VA Parental Relocation Lawyer

Dedicated Family Law Lawyer Helping You Modify Child Custody Orders in Reston, Virginia

After a separation or divorce, many parents of minor children stay in the same community to simplify child custody and visitation arrangements. At some point, one or both parents may decide to leave the area, and that could require modifications to the custody order. Both parties may agree to the proposed move, but it could also trigger a dispute. If you are going through a dispute involving parental relocation, a Reston family law attorney can represent you in out-of-court negotiations or litigation.

When you partner with Nicole M. Burns, Attorney at Law, you are choosing a uniquely qualified attorney whose deep commitment to children's well-being is evident. After in-depth discussions about the particulars of your situation, we will help you tailor creative solutions that protect your children's interests and safeguard your parental rights. Whether you wish to take your children with you as you move or want to prevent your co-parent from doing so, we will support you wholeheartedly while providing the exceptional legal representation you need and deserve.

Your Options for Resolving Parental Relocation Disputes in Reston, VA

If you and your co-parent disagree about one of you taking your children to a new area, there are multiple ways to resolve the argument:

  • Negotiated Agreement: Your attorneys help you negotiate to find agreeable terms.
  • Collaborative Law: Your attorneys and a team of professionals help work through agreement terms in a joint setting.
  • Mediation: A neutral third party attempts to help you and your co-parent find common ground.
  • Litigation: You let the court decide the outcome.

The first three options are usually preferable for keeping down costs and saving time, but we can represent you competently whichever route you choose. We know what courts consider and frame our strategies and resolutions to pass the court's scrutiny.

Potential solutions to a parental relocation dispute include longer visitation periods with the non-custodial parent, adjusting child support obligations to finance the children's travel between locations, and setting schedules and methods for the children to keep in contact with the non-custodial parent.

Compelling Reasons for a Parental Relocation in Virginia

People choose to move for various reasons. A court cannot keep an adult from moving, but it can prevent a parent from taking their children with them. Each case is examined individually and considers both the potential impact on the children and the reasons for the proposed move. When courts decide relcation cases, they need to find that the relocation benefits the child or children, not just the parent.

Reasons for a proposed relocation may include a military or job transfer, a better employment opportunity, a safer or more affordable location, remarriage, closer proximity to other family members or healthcare facilities, and better schools. Sadly, some parents who claim these reasons for wanting to move actually seek to disrupt the children's relationship with the other parent.

Along with the stated reasons for a move, the court also examines how the move might adversely affect the children. Considerations include:

  • Whether the non-custodial parent could maintain a long-distance close relationship with the children
  • The level of attachment and involvement the children have in community and extracurricular activities, friendships, and schools
  • The children's safety in the new neighborhood
  • Whether the disruption would be too detrimental for children with special needs

If your children are old and mature enough, their preferences may also be considered. As in any matter involving custody, the court's focus is on the children's best interests.

Providing Effective Representation in Reston Parental Relocation Requests and Disputes

Whichever side of the debate you are on, you can count on us to offer support, thoughtful guidance, and unparalleled advocacy. These matters should be handled through proper channels with a formal modification request to the court. At least 30 days' notice must be given ahead of the move unless there is a qualifying emergency.

Call Our Parental Relocation Lawyer in Reston, Virginia

Nicole M. Burns, Attorney at Law can help protect your parental rights and relationships along with your children's interests in a proposed relocation. For an initial consultation, you can reach out to us online or call us at 703-373-4761 today.

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