In a decsion issued May 21, 2009, a circuit court denied a father's petition to amend primary custody of the parties' son due to the mother's move. The father contended that the 100-mile change in residence impaired his visitation rights.

Mother Having Primary Physical Custody of Child Who Moves for Job Retains Status Over Father's Objection

In the case of Seamans v. McClure, a Roanoke, Virginia Circuit Court ruled that the mother's move to relocate to a city in Virginia with her new husband was not so far (100 miles) as would impair the father's visitation rights to an extent that would adversely affect the best interests of their child.

Different results may occur when one parent seeks to remove the child to another state. However, the court made clear the basis for its ruling, citing the mother's willingness to sacrifice for the child, as opposed to father's unwillingness to compromise.

To read the full opinion, click on the link below.



http://www.valawyersweekly.com/pdf/009-8-119.pdf
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