Child Relocation And Your Rights And Obligations

In today’s society, people are occasionally required to relocate for various reasons: employment, education, remarriage, proximity to specialized medical care or military service.

If the person moving is a divorced or single parent, the relocation can become an issue requiring approval by the family court in West Virginia. This is not easy. At McPhail Law, our lawyers can help you understand your rights and obligations, whether you wish to relocate and modify your parenting plan or you are contesting the move.

Whether seeking or contesting a relocation, fast action is usually necessary. Call our office in Wheeling today at 304-907-0506 to schedule a consultation.

Helping You Prepare For A Substantial Change In A Child’s Life

West Virginia family courts consider relocation as a substantial change to allow modification of a parenting plan when it will impair either parent’s ability to exercise responsibilities that the parent has been exercising or when it impairs the schedule of custodial allocation that has been ordered by the court.

If you intend to relocate, you must petition the court for permission to relocate. If the other parent agrees to the relocation, you will need to include the written agreement in your petition. If the other parent disagrees with the relocation, you will need to provide the court that your relocation is made in good faith and that there is no reasonable alternative to the requested relocation. There are strict time limits to petitioning the court for relocation such as filing the petition at least 90 days prior to the relocation and serving the summons at least 60 days before the relocation.

Contact Us Today For A Free Consultation

This is a sensitive issue that can cause heated disputes. If you want to learn more about your rights and options, please contact our Wheeling office for an initial consultation by calling 304-907-0506.