Moving Out of State with Child No Custody Agreement Virginia

Moving Out of State With Child No Custody Agreement in Virginia: What You Need to Know

Moving out of state with a child can be a stressful and complicated process, especially when there is no custody agreement in place. In Virginia, parents are allowed to relocate with their children as long as they follow the state laws and procedures. However, if both parents have not agreed on custody arrangements, then it presents additional challenges.

Here are some important things to consider when you are planning to move out of state with a child and there is no custody agreement in Virginia.

1. Get Legal Advice

The first step in any custody issue is to speak with a lawyer. They will explain the legal implications of your move and provide options to consider. You should discuss the reasons for the move, possible impact on the child, and the other parent`s objections. A lawyer can also provide you with information on Virginia`s relocation laws and what actions the other parent can take.

2. Provide Written Notice

Virginia law requires that parents provide written notice of their intention to move out of state with a child at least 30 days before the move. The notice should include the reason for the relocation, the new address, and a proposed custody and visitation schedule. The other parent has the right to object to the move in writing and file a petition to prevent it. As a result, it is important to follow the legal requirements to avoid any complications.

3. Negotiate with the Other Parent

Even when there is no custody agreement in place, it is advisable to try and negotiate a new agreement with the other parent before moving. This will help to avoid a potentially costly and lengthy legal battle in court. Seek a mediator or a collaborative law attorney to help facilitate the negotiation process. The goal is to establish a mutually agreed-upon arrangement that serves the best interests of the child.

4. Prepare for a Custody Battle in Court

If you are unable to reach an agreement with the other parent, they may object to the move and file a petition in court. In Virginia, a judge will consider several factors when deciding whether to allow a parent to move out of state with a child. These factors may include:

– The reason for the move

– The impact on the child`s education, health, and welfare

– The relationship between the child and each parent

– The financial resources of each parent

– The possibility of preserving the relationship between the child and the non-moving parent

The court will make a decision based on what is in the best interests of the child.


Moving out of state with a child and no custody agreement in Virginia can be challenging. It is important to understand your legal rights and obligations, provide written notice, negotiate with the other parent, and prepare for a potential custody battle in court. Seeking legal advice and support can help you navigate this complex process and ensure that you make the best decision for your child.