Steps to Relocating Your Child

There are a multitude of different reasons that life may be pushing you towards a new location; whether it is a job opportunity in a different state, to be closer to family, or simply a need for a change of scenery. However, when you have a child with your former spouse, this is not as simple as packing your bags and moving. This also includes relocating to another area in the state.

In West Virginia, the law focuses on the best interest of the child. When it comes to relocation, the law wants to ensure that the child maintains, as much as possible, a stable relationship with both parents. Specifically, this is governed by West Virginia Code § 48-9-403, which serves as a rulebook and step-by-step process for relocating. Here, the relocation of a parent is defined by a relocation of the child that constitutes a “substantial change” in the circumstances of the child. Follow these steps:

Step 1: A parent who intends to move must provide a formal notice to the other parent. A formal petition must be filed with the court at least 90 days before, and the other parent must be given notice at least 60 days in advance. This written notice must include:

1. the proposed date of the move,
2. the specific new address where child is to be relocated,
3. the reason(s) for the relocation, a proposed revision to the existing parenting schedule, and
4. a request for a hearing.

Failing to provide this notice can lead to a significant setback in the legal process of relocating with a child.

Step 2: Next, the parent looking to relocate must show:

(1) that the move is being made in good faith. Generally, if a move is for a legitimate purpose, such as:

1. new job opportunity,
2. to be closer to family, or
3. to get out of an unhealthy living environment, a court will find that it is being made in good faith.

In the absence of a finding of good faith, a court may deny the revised parenting plan, including relocating your child to any other area.

(2) That allowing the relocation with the child is in the best interest of the child.

(3) That the move is reasonable and there is no other reasonable alternative. This includes the Court analyzing whether the good faith reasoning could be made without moving away. For example, a move with a legitimate purpose can be unreasonable if that purpose can be achieved without moving to another location and disrupting the other parent’s relationship with the child (i.e. whether a nurse can find a job in the home area).

Step 3: Lastly, the court will determine what is in the best interest of the child. The court’s goal is to minimize impairment to a parent-child relationship caused by a parent’s relocation through alternative arrangements of custody. In this case, the court will weigh factors such as:

• The child’s age and developmental needs- how invested the child is in the area. (high school sophomore on a sports teams versus a 4-year-old)
• The feasibility of maintaining the relationship with the non-relocating parent – how far from the other parent is the move (4 hours versus 40 minutes)
• The quality of life in the new location.
• Reasonable alternatives or impacts of relocation.

Overall, when navigating the relocation process, it is essential to follow the process outlined in West Virginia Code § 48-9-403. Not only is following the statutory requirements essential, but open communication and transparency can significantly reduce conflict and overall make this transition much smoother for not only the parents but the child as well.