How to Legally Relocate Out of West Virginia with Your Child: Custody Modification Guidelines
To legally relocate out of West Virginia with your child, you must file a petition to modify custody at least 90 days before the move and serve a summons on the other parent at least 60 days in advance. You file this at your local Family Court, and the filing fee for a modification is $85.
Understanding Custody Modification and Relocation in West Virginia
Relocating to a new state can be an exciting opportunity, but when you share custody of a child, crossing state lines requires careful legal planning. The laws in West Virginia are designed to protect the parent-child relationship for both parties. Whether you are living in Charleston, Huntington, or Morgantown, you cannot simply pack your bags and move out of state with your child if there is an existing custody order. Doing so could result in serious legal consequences, including being held in contempt of court or even losing primary custodial responsibility.
In West Virginia, the process of moving with a child is governed by W. Va. Code § 48-9-403. This statute outlines the specific steps a custodial parent must take to seek permission for the move. The court's primary focus is always the best interests of the child. It evaluates whether the relocation will enhance the child's quality of life and whether a new parenting plan can adequately preserve the relationship with the non-relocating parent. If you are considering a move, you may want to consult with a lawyer from our United States attorney directory to ensure you follow all procedural rules.
Step-by-Step Process to Legally Relocate Out of West Virginia
Following the correct procedural steps is absolutely critical. Failing to provide proper notice can severely damage your case in court.
Step 1: Complying with Mandatory Relocation Notice and Filing Deadlines
West Virginia law mandates strict procedural deadlines before relocating with a child. Under W. Va. Code § 48-9-403, you must file a verified petition to modify the parenting plan with the court at least 90 days before your intended move date, and the formal summons must be served on the other parent at least 60 days in advance. You initiate this by completing Form SCA-FC-131, West Virginia, Family Court, Petition and Notice of Relocation. This document must include your new intended address, a phone number, the specific reasons for the move, and a proposed new parenting schedule. You must file this document with the court where your original order was issued, such as the Kanawha County Family Court, Charleston or the Cabell County Family Court, Huntington, and officially serve it to the other parent.
Moving for a High-Paying Job
One of the most common reasons courts approve a relocation is when the moving parent has secured a significant career advancement. If you are moving for a high-paying job, the court will look at how this financial improvement directly benefits the child. You should be prepared to provide an official job offer letter, salary details, and evidence that this kind of employment opportunity is not reasonably available in your current location in West Virginia. The court, guided by precedents like Storrie v. Simmons, 225 W. Va. 317 (WV Supreme Court 2010), generally considers moves made in good faith for economic betterment as a strong factor in favor of the relocation.
Moving After Remarriage
If you have recently remarried and your new spouse is stationed out of state or has a permanent career elsewhere, you may have a valid reason to relocate. The court recognizes that maintaining the stability of the custodial parent's new family unit is often tied to the child's well-being. However, you must still demonstrate that the move is in good faith and not an attempt to distance the child from their other parent. You will need to show that the new living environment is safe, stable, and offers good educational opportunities.
Relocating to Be Closer to Extended Family Support
Raising a child is difficult, and having the support of grandparents, aunts, or uncles can drastically improve a child's quality of life. If you are moving back to your home state to be closer to your extended family, you should highlight how this support network will benefit your child. For example, if your parents can provide free childcare while you work, this reduces your financial burden and provides the child with a loving environment. Providing detailed plans about family involvement can strengthen your relocation petition.
How Much Does it Cost in West Virginia?
The costs associated with a relocation case can vary widely depending on whether the other parent contests the move.
| Expense Type | Estimated Cost |
|---|---|
| Court Filing Fee | Filing a petition for modification costs $85 in West Virginia under W. Va. Code § 59-1-11 (or $0 for filing a notice of relocation without modification). |
| Service of Process | Using a sheriff or private process server to serve the notice usually costs between $25 and $50. |
| Attorney Fees | If the case goes to trial, lawyer fees can range from $3,000 to $10,000+ depending on complexity. |
How Long Does the Process Take?
Because West Virginia law requires filing your petition at least 90 days prior to relocation and serving summons at least 60 days in advance, advance planning is essential. If the other parent does not file an objection within 30 days, the court may approve your new parenting plan without a hearing, allowing you to move on your intended date. However, if the other parent objects, the court will schedule a hearing. A contested relocation case can take anywhere from 3 to 6 months to resolve, depending on the court's docket and whether a psychological evaluation is required.
Frequently Asked Questions (FAQ)
What happens if I move without giving the required statutory notice?
Moving without filing 90 days in advance and serving summons 60 days prior violates West Virginia law and your court order. The judge can order you to return the child to West Virginia immediately, hold you in contempt, and potentially award primary custody to the other parent.
Can the court stop me from moving?
The court cannot violate your constitutional right to travel, meaning you are free to move. However, the court has the ultimate authority over where the child lives and can transfer custody to the non-moving parent if it determines the relocation is not in the child's best interests.
Who pays for travel expenses if the relocation is approved?
Generally, the court will reallocate travel costs based on the parents' incomes and the reason for the move. Often, the parent choosing to relocate will be required to bear a larger portion of the child's travel expenses for visitation.
Do I need a lawyer to file the relocation notice?
While you can file the forms yourself, contested relocations are some of the most difficult cases in family law. We highly recommend finding an experienced attorney in our lawyer directory to represent you.
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