Moving can give you a chance to take advantage of job opportunities or start a new life, but a child custody order can make the transition more complicated. In most cases, your attorney may need to petition for a change to your custody order before taking your child out of state. Here’s what you should know before planning the move.

How Moving Impacts Child Custody

Child custody decisions have the force of a court order, which makes them binding and legally enforceable. In general, family law courts typically refuse to modify these agreements unless you can demonstrate that your circumstances have dramatically changed since the decision was made. Moving far away will almost certainly interfere with the other parent’s visitation and custody rights, so the court will usually consider relocation to be a significant change in circumstances.

What to Do if You’re Moving

The procedure for amending a child custody order varies from state to state. Under West Virginia family law, the parent who intends to relocate has an obligation to give the other parent at least 60 days’ notice.

You should also provide a recommendation for amending the parenting plan. This gives the other parent the opportunity to request a modified child custody order.

Whenever possible, it’s always best to try to negotiate a new agreement with the other parent to avoid long and stressful legal battles and reduce the risk of a new court order that doesn’t work for you. Even if you can’t settle the issue amicably, making the attempt shows the court that you’re working in good faith.

For over a century, Sanders & Austin has guided families in Mercer County, WV, and the surrounding counties through difficult legal issues. Whether you’re filing for a divorce or renegotiating a child custody agreement, their attorneys will provide the detailed insight you need. Visit their website for more on their family law services, or call (304) 425-8125 to schedule a consultation with an attorney.