In-State Move Question - Virginia

[jacnrew]

Hello,

I am a non-custodial father residing in Virginia and have joint legal custody to my 7-year old daughter. Mother has primary physical custody and shares joint legal custody with me. In addition, both mother and I have married and have significant others in our lives of which both step-father and step-mother are active in our 7-year old's life. Mother and I have never been married to each other.

Presently, I have a court ordered arrangement to have my daughter stay with me every other weekend (on an overnight basis) and interim visitation in her hometown. In addition, special holidays have been worked out between mother and I in this court order which was established in Sept 2005.

I reside approximately 45-mins from her present residence and in the court order, it states that I am responsible for providing all transporation to and from on those weekend visits and interim visits. (Which is perfectly okay with me).

I am now understanding that the mother wishes to move within Virginia, but unfortunately from a 45-min distance, it would be increased to a 3-hour (one-way) distance. Naturally I am opposed to this, because it would put a great burden on the time my daughter and I spend with each other. I am not sure on the reason for the move, however, the mother is a new mother with a 3-month old (my daughters new younger sister) and that child's natural grandparents live in the new potential residence.

I have read throughout SPARC that it appears I must prove that this move may cause harm to the child on several factors. I would prefer now for my daughter to live with me, because there are more opportunities for continuing a better improvement in educational needs (I have school reports from Virginia which would prove this), in addition more opportunity to develop skills and activites that are present in my hometown than in the new potential residence. I also have documentation, voice recordings more specifically, indicating that I am a "bad" father without parental skills, which is absolutely false - and evidence of Parental Alienation Syndrome. I also provide health, medical, dental insurance and child support, which has been uninterrupted since the child was 1-year old. My daughter and I have a loving relationship, however, she is torn and confused as to what to do.

Does anyone have any suggestions on what my chances are in regards to this being upheld in court?

Of course changes may be requested in the order, and I am only seeking joint physical custody for the school year, with a majority of of the summer to the mother and likely 75-80% of major holiday's with the mother. I am trying to be equal and considerate to keeping the mother involved in my daughter's life, since I am requesting 9-months with me for the school year.

I am curious for any case-law or opinions of others.

If I am forgetting any further information that may be helpful, please do not hesitate to ask, I will follow this thread greatly. Thank you for your time and assistance to this delicate situation.

 

[ocean]

You are in for a long battle to change custody unless the mother agrees. The child has to move schools by either situation and she now has a sibling at BM house. If she moves, you can have her do the driving or meet half way. If you think she may not bring her you can go get the child for visits and then have her pick the child up. This way you know you will get child and then it is up to her to come get her. What is the mother offereing? I would go through the school calendar and ask for every long weekend (we have at least one a month) and all school breaks splitting the major holidays. There are some good long distance vistation plans on this site.  Good luck!

[MixedBag]

http://www.courts.state.va.us/scv/home.html

Hopefully the above link works for you.  

You'll need to research how the VA courts "think" on this subject and what VA State codes say about it.

Each state will view it differently, so it's hard to say "THIS is what the court will do or look at."

As has already been pointed out, either way, the child will have to switch schools.

In our "mixed up" family, we deal with 3 long distance divorces.....and we have three different answers.

[CustodyIQ]

Original poster, it'd be most helpful for you to only post in one spot, so all of the replies can feed off of each other for even greater "consensus" of thought for you.