Legal Question in Family Law in Virginia
joint custody-relocate child to another state
Maternal and paternal grandparents share joint custody of grandchild (4 y.o.). Physical custody was awarded to maternal grandparents with visitation to paternal g.p., mother, and father. Grandchild has lived with maternal grandparents (and mother) for approx. 18 mos. Maternal grandfather is retiring from job of 34 years and he and grandmother, child's mother and her new husband, are all moving to Texas. Father has had little involvement with child and paternal grandparents get child twice a month. Child has not spent night at father's house since mother and father separated for two years. Both grandfathers have met to discuss the relocation of child, paternal grandfather is not sure if he is in agreement or not. He and his wife are discussing the matter. Maternal grandparents have purchased a home in Texas and are planning to move in June 2006 and are unsure where the other grandparents stand though they believe there will not be an issue with relocation. Should maternal grandparents draft a letter and request other grandparents to sign and forward to the court or does a petition need to be filed with the Court. We would like to avoid any hearings if at all possible but we will do whatever is necessary. Thank you for your response
1 Answer from Attorneys
Re: joint custody-relocate child to another state
Under the terms of the order which granted physical custody of the child to the maternal grandparents, they are required to give the court which issued this order as well as other parties involved at least 30 days advance notice
of any move on their part to relocate.
If the other parties(paternal grandparents) then decide to object to the move, they have the right to request a hearing on the matter before the court which will attempt to resolve the issue based upon the best interests of the child.
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