Personal Representation
From Experienced Charleston Family Law Attorneys

Child custody relocation petition requirements in West Virginia

On Behalf of | May 6, 2022 | Child Custody

If you are separated or divorced with a child in West Virginia, your freedom to move and live in another place might be taken away. If you are considering relocation, you must receive permission from the family court or the other parent by filing a petition. Here are the most important items you must include in that request.

A detailed explanation of the reasons for the relocation

The court will want to know why you are seeking to relocate with your child. You will need to provide a detailed explanation of the reasons for the relocation and how it is in your child’s best interest. Be sure to include any relevant information about your current situation, such as why the move is necessary.

A proposed parenting plan

If you are relocating with your child, you will need to have a parenting plan outlining how you and the other parent will handle custody and visitation after the move. The court will want to see that there is a plan in place that ensures both parents remain involved in their child’s life after the relocation.

An agreement from the other parent

If the other parent agrees to the relocation, you will need to include their agreement in the petition. This can be in the form of a written agreement or a stipulation signed by both parties. If the other parent disagrees with the move, you’ll have to go to court. Here, you must prove to the judge that your relocation is due to legitimate reasons made in good faith and that there is no reasonable alternative other than the proposed move.

It is important to note that there are strict time limits to petitioning for relocation with a child. For example, you must provide a notice of the proposed move to the other parent 90 days prior to the day you want to do it. They’ll have 20 days to agree to or deny your request.