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Either parent can move away and take the child with them as long as there is no injunction or other order preventing it. A move out of state?even if the party establishes residency there?does not necessarily affect the Virginia court's authority in the matter.
The fact is, under Virginia child custody law, there is no ?magic age? at which the child gets to make the decision as to which parent will have custody of him or her. In fact, the child does not make the decision on his or her own custody at any age under Virginia child custody law.
Unless a court determines that visitation with a noncustodial parent is not in the best interests of the child, visitation by a noncustodial parent cannot be denied, suspended, or restricted by a custodial parent.
In Virginia, there is no ?magic age? that allows the child to make this choice. If they are under 18, the decision is ultimately made by the court if parents cannot come to an agreement on their own.
Unless a court determines that visitation with a noncustodial parent is not in the best interests of the child, visitation by a noncustodial parent cannot be denied, suspended, or restricted by a custodial parent.
Custody, visitation, and support determinations are made in the Juvenile and Domestic Relations District Court. If you do not already have an order from another court, you may file a petition requesting custody or visitation in the Court Service Unit, located on the second floor of the juvenile court building.
The first thing you should do when a child refuses visitation is to notify the other parent as soon as possible. Let them know what's happening, and explain the situation as clearly as possible. Some custody orders include preferred communication methods, and you should notify them via that method when possible.
Legally, children cannot refuse visitation with a parent until they turn 18 years old. While you are not required to physically force your child in your car to go to a visitation session, you are responsible for facilitating parenting time with your spouse or partner if at all possible.