Virginia Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State

State:
Multi-State
Control #:
US-01814BG
Format:
Word; 
Rich Text
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Description

This form is a generic petition and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

There's no specific age when a judge must automatically consider a child's opinion on custody.

A parent who does not have primary physical custody of a child is legally entitled to visitation with that child. There are exceptions to this when it is not the best interest of the child. If the parents cannot agree to a visitation schedule, the judge will order a schedule.

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.

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.

Bad-mouthing your ex-spouse or engaging in verbal or physical altercations with them in front of a judge looks bad. If your children are present, it looks even worse. Judges understand that tempers run high during custody cases, but lack of self-control will not reflect favorably.

The answer to this question is almost always ?no,? especially if there is a court order granting custody and parent-time to your child's father.

If the parents have joint physical custody, it's more likely that the judge would rule against the move unless the mother can prove it's in the child's best interests. If there isn't a permanent custody order in place, the judge will decide based solely on the child's best interests.

Relocation and the Law He or she generally is required to give the Court and the other parent at least a 30-day notice of the change. In relocation cases, the Court cannot prevent a parent from relocating. The Court can only prevent the moving parent from taking a child with him or her.

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Virginia Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State