W7 Assignment - Ashley Adams

.docx

School

American Military University *

*We aren’t endorsed by this school

Course

Subject

Law

Date

Feb 20, 2024

Type

docx

Pages

Uploaded by aadams1993

MEMORANDUM To: Carol Sherman From: Ashley Adams Re: Custodial Parent's Relocation Issue - Legal Analysis Date: October 19, 2023 QUESTION PRESENTED: Can Dad, who has full custody of his 5-year-old son, move to a state 200 miles away, and what are the legal steps involved? SHORT ANSWER: Yes, Dad can potentially relocate to a state 200 miles away, but he must adhere to the legal process defined by Virginia Code § 20-124.5. The court will assess the relocation's impact on the child's best interests, with Dad bearing the burden of proof. FACTS: Our client, Dad, has full physical custody and joint legal custody of his 5-year-old son. The non- custodial parent, Mom, has partial physical custody and joint legal custody. Dad wishes to relocate to a state 200 miles away, and Mom opposes the move. DISCUSSION: When it comes to the rules, the child's well-being is most important, as stated in the law (Virginia Code § 20-124.3). If Dad wants to move, he must give Mom at least 30 days in advance (Virginia Code § 20-124.5). If Mom doesn't agree, the court steps in, and Dad needs to prove the move is in the best interest of the child. To help Dad's case, he needs a good reason for moving, like a new job or family support. The court will check how the move affects the child, considering their age and relationships. Dad also must show a plan for the child to keep in touch with Mom. The opinion of the child would usually be taken into consideration, depending on the age. However, being that the child is five it may not be in this instance. The new place where Dad wants to move should be a stable and supportive environment for the child's well-being. A case I found like this is Brandon v. Coffey, 77 Va. App. 628. In this case, the court gave custody to a parent who lived in New York, even though the other parent lived in Virginia. The court carefully considered what was best for the child, looking at all the factors required by Virginia law. They found that the parent in Virginia had a weaker connection with the child. The law doesn't require a separate analysis for moving when it's an initial custody decision, and the parent from New York never lived in Virginia with the child. So, the court decided where the child should live initially. As a result, the court's decision to give custody to the New York-based parent was upheld and considered legally correct. The laws that are applicable in this scenario are Virginia Code § 20-124.3 which establishes the "best interests of the child" as the guiding principle in child custody matters. Virginia Code § 20- 124.5 which mandates the notification and court review process for parental relocations and, Virginia Code § 20-124.6 which outlines access to the child's records in custody disputes. CONCLUSION:

Dad can potentially move him and his 5-year-old 200 miles away, but he must be sure and take the proper steps and abide by the laws in place. The court will decide based on what's best for the child, and Dad must bear the burden of proof to support the move. To increase his chances, Dad should have good reasons, show benefits for the child, have a plan for contact with Mom, and make sure the new place is stable and supportive. References Brandon v. Coffey, 77 Va. App. 628, 886 S.E.2d 780, 2023 Va. App. LEXIS 291, 2023 WL 3468618 (Court of Appeals of Virginia May 16, 2023, Decided), available at https://advance- lexis-com.ezproxy1.apus.edu/api/document?collection=cases&id=urn:contentItem:687T-JB01- DXWW-24S4-00000-00&context=1516831 . Katie Carter, Virginia relocation cases Hofheimer Family Law Firm (2019), https://hoflaw.com/blog/virginia-relocation-cases/

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help