Relocation is a reality in today’s world. Whether it’s for a job, greater financial stability, family support, or safety, moving is just part of modern life. But after a separation or divorce, family courts must often decide whether and how far apart parents can live from each other when making relocation decisions.
Because these laws can vary significantly from state to state, knowing your state’s rules will be critical before you make any relocation decisions.
Why Relocation is Treated Very Seriously By the Courts
When people think about relocation, they think of someone moving to a new city or state. But legally, relocation laws apply only when a child’s residence is moving after a divorce, not just by one parent.
When a parent who has the child most of the time, or who shares significant parenting time, wants to relocate, the law steps in because it will directly impact the child’s day-to-day life. Relocation isn’t just a simple scheduling readjustment. It can reshape almost every aspect of a child’s life, from where they go to school, how often they see each parent, their friendships, and the daily routines that keep them grounded emotionally and physically. Consequently, courts treat relocation requests very seriously.
When a noncustodial parent moves, the situation is usually handled differently. Because the child isn’t changing homes, the move may not trigger strict relocation procedures. However, the court will consider how the move affects the existing parenting schedule. If the noncustodial parent moves far enough away that the current plan is no longer workable, they will usually need to request a modification of visitation with the court.
Furthermore, relocation can also impact child support when it alters parenting time, expenses, and differences in the cost of living that could affect support calculations. In many states, a significant shift in time-sharing is enough to require a support modification, meaning that a relocation can require two simultaneous legal changes: custody/visitation, and financial support.
Because so many pieces of a child’s life are at stake in a relocation situation, courts approach them with caution and typically require parents to follow specific legal procedures before moving, usually requiring:
- Advanced written notice to the other parent (and sometimes the court)
- A formal request or permission to relocate
- Evidence that the move is in the child’s best interests
- A new parenting plan that preserves meaningful time with both parents
In other words, a long-distance move that interferes with the other parent’s time cannot be done unilaterally and can result in legal consequences.
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How Virginia Treats Relocation
In Virginia, every custody or visitation order is supposed to include a relocation notice requirement. By statute, a parent intending to relocate must give the court and the other parent at least 30 days’ advance written notice of the intended move.
While there is no specific mileage threshold in the statute, the court will examine whether the move will materially affect custody or visitation. If the other parent objects, the relocating parent typically must file a motion to amend custody/visitation and ask the court to approve the move. When deciding whether to allow the relocation, the court will also apply the best interests of the child standard used in all custody cases.
What This Means for Parents in Virginia
In relocation cases in Virginia, the court looks closely at how the proposed move will impact the child’s life. One of the primary concerns is whether it will meaningfully limit the child’s contact with the other parent. Even a seemingly modest move can have a significant impact on how often a child sees the nonmoving parent and how their relationship will be affected.
The court will also examine whether the relocation will genuinely improve the child’s quality of life. This can include looking at the safety of the new neighborhood, the stability of the housing and work environment, educational opportunities in the new community, and the availability of family support. A move that creates better conditions for the child may weigh in favor of the relocation, but the benefits must be clear and well-supported.
Finally, courts want to see how the moving parent intends to safeguard the child’s relationship with the other parent. Long-distance parenting requires careful planning, structure, and commitment by both parents. The court will look for a detailed proposal that addresses school breaks, summers, and holidays, virtual communication, travel logistics, and how parents will share transportation costs. A strong parenting plan can demonstrate that, even with the added distance, the child can remain connected with both parents.
From the opposing parent’s perspective, they will need to demonstrate how the move would disrupt the child’s stability or weaken important relationships. Ultimately, Virginia judges want to see whether the move will enhance or harm the child’s overall well-being, and the nonmoving parent’s ability to illustrate this will play a central role in the court’s decision.
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How Florida Treats Relocation
Florida handles relocation through one of the most comprehensive statutes in the country, Florida § 61.13001 which lays out exactly when and how a parent may move with a child.
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What This Means for Parents in Florida
For Florida parents, filing or responding to a relocation means following a highly structured legal process. Even if both parents communicate and cooperate well, the statute requires a formal written agreement or properly filed petition, complete with detailed supporting information.
This means that a parent who wants to relocate must plan several steps ahead to gather housing details, school information, job-related documentation, and a fully developed parenting plan before they file. Judges want to see not only why the move benefits the child but also that the relocating parent has made a serious effort to maintain the child’s connection with the other parent.
For the parent opposing the move, timelines matter. Florida law only provides a short window for filing an objection, and missing that deadline can result in a relocation being approved by default, something many parents don’t realize until it’s too late.
How South Carolina Treats Relocation
Unlike many states, South Carolina doesn’t have a dedicated relocation statute. Instead, relocation cases are governed by:
- South Carolina case law, especially decisions from the South Carolina Supreme Court, and
- The family court’s general authority to modify custody and visitation under S.C. Code § 63-3-530
Case law-driven factors are considered in conjunction with South Carolina’s best interests of the child standard. In addition, if relocation results in fewer overnights for one parent, or increased costs for the other, this may be considered a “substantial change in circumstances” under South Carolina law and support a child-support modification.
What This Means for Parents in South Carolina
For South Carolina parents, relocation cases operate more like traditional custody disputes, as there is no single statute that spells out the steps. This means the court relies heavily on the strength of the evidence, including documentation, motives, planning, and the impact on the child.
Parents considering an out-of-state move should assume that court approval will be required since it will significantly disrupt the other parent’s parenting time. The court will want to see well-defined reasons for the move and a plan that shows respect for the child’s relationship with the other parent.
Judges will also want to see a thoughtful long-distance parenting plan that includes a clear schedule, specific expectations for virtual communication, and detailed travel arrangements. On the other hand, the parent opposing the relocation should be prepared to show how the move will impact their relationship with the child and explain why keeping the child local serves their best interests.
How Texas Treats Relocation
In Texas, courts approach a parent’s relocation through a combination of:
- The geographic restrictions found in most court orders, and
- The Texas Supreme Court’s relocation analysis in Lenz v. Lenz, 79 S.W.3d 10 (Tex. 2002).
What This Means for Parents in Texas
For Texas parents, the beginning point in any relocation case is always the geographic restriction in their existing court order. These restrictions carry significant weight. Even if the relocating parent has a compelling reason to move, such as a job transfer or family support, the court won’t simply ignore the geographic boundary set out in the order.
A parent who wishes to move with the child must present substantial evidence of how relocation will improve the child’s life, not just their own. This often means showing proof of better schools, safer neighborhoods, stronger family ties, or improved stability. It also requires providing a realistic plan for maintaining frequent and meaningful time with the other parent.
The Lenz decision makes clear that relocation cases in Texas are fact-intensive, and the quality of the evidence and testimony can dramatically influence an outcome. Texas parents should understand that relocation cases require court approval based on thoughtful preparation and a compelling, child-centered explanation for why the move is truly necessary.
For the parent opposing the move, the primary focus should be on showing the court how the child benefits from staying within the current geographic area and how relocation would disrupt meaningful emotional, educational, or family relationships.
Relocation and the Child’s Best Interests
Relocation cases, regardless of jurisdiction, will always come back to one question: What truly serves the child’s best interests? Understanding your state’s laws, preparing strong evidence, and approaching the process with a realistic, child-centered plan can make all the difference when the court is making a decision regarding relocation.
If you are considering a move or facing a relocation request from your co-parent, you should get clear legal guidance from an experienced family law attorney in your jurisdiction. The skilled child custody attorneys at Melone Hatley, P.C. help parents in Virginia, Florida, South Carolina, and Texas understand their rights and advocate for arrangements that keep children supported and connected. Call us today at 800-479-8124 or schedule a free consultation with one of our Client Services Coordinators online to see how we can help.
Helpful references: For state-specific relocation rules, review the relevant statutes or court resources for your jurisdiction (e.g., Virginia Code § 20-124.5 relocation notice; Florida Statutes § 61.13001; South Carolina custody modification case law; Texas geographic-restriction and Lenz factors).
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