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Visitation / Relocation?

Father has primary custody/mother has visitation every 2 weeks. Currently both live 45 minutes apart. Father is looking to move to another city (which would be an additional approx. 1/2 hr drive for the Mother to pick up / drop off children on her visitation - order states that visiting parent must provide transportation for children to and from agreed upon location) for better schooling for kids and opportunity with work. Original visitation order states nothing about the pick up / drop off location that has been in place for over a year +, Father has been using his parents house as location... Parents have requested to no longer allow Mother to come to home and pick up / drop off. Father has started process and filed with courts pending new address for himself and children 2 months ago and has given Mother notification via certified mail of new address, school info, daycare, contact # info and advised of change in drop off / pick up location. Allowing Mother 2 months preperation time before the move that the grandparents house will no longer be used & has provided maps and locations and times and addresses for new pick up / drop off. Mother has responded via text stating he has received this info but states that she will not be coming to the new locations to pick up / drop off children because she still wants to do it at the grandparents house for her convenience. Grandparents have been advised by Father that the children will not be picked up / dropped off at their residence any longer. The original custody / visitation order also does not state any legal residence address on it as well and Father is planning on moving within the next month. Has the Father violated the law in any way or has he followed the appropriate lines that he needs to. What other options does he have, what else is required? When filed with court Father was not advised that any type of amendment needed to be signed by Judge as the order did not show any address on it thus the move, as long as communicated to the other parent within 30 days. --- If there are any specific sites / lawyers / places that you are sharing info from please advise of where your information has come from ... State is Virginia and I am having issues finding anything specific online that can assist me & Father is in need of financial aid for obtaining a possible attorney as well. Any and all insight would be greatly appreciated. Thank you everyone.

1 Answer

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  • 8 years ago

    The mother can file an injunction to prevent the move BUT it would be best if the parents could just meet in the middle and do the exchange in the best interests of the children. It's an extra 1/2 hour to meet in the middle or it's an extra 15 minutes each way?

    He did provide you plenty of notice and frankly it's more about what's best for the kids than what's easiest for the parents...

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