West Virginia Parental Relocation Notice (Page 2 of 5) in pdf

Information You Need To Know About the Notice of Relocation.

1. You must give the other parent notice of your planned move at least 60 days before you move. If

you cannot provide at least 60 days’ notice, you must still give notice, and you must do so as soon

as possible.

2. If you believe there is a reason you should not have to give the other parent notice of your

planned relocation, you MUST ask the Family Court to relieve you of the requirement to give

notice. A reasonable fear of harm to yourself or your child is one reason the court can relieve you

of the requirement to give notice; but not the only reason. Only the Family Court can relieve you

of the requirement to give notice.

3. The other parent has a right to challenge your relocation plans, and your proposals to change the

Parenting Plan to accommodate your relocation.

4. If the other parent challenges your relocation plans, the court will hold a hearing.

5. At the hearing you will have to show you are relocating for a proper purpose, and you will have

to show the location you are moving to is a reasonable choice considering the purpose of your

relocation. Item 6 discusses the subject of what is a proper purpose for relocation.

6. The law of West Virginia gives us a list of proper purposes for the relocation of a parent who has

responsibilities under a Parenting Plan. The items on this list are not necessarily the only proper

purposes for which a parent may relocate, but if the purpose for which you want to relocate is not

on the list, you have the burden of showing the court why your purpose for relocation is proper.

The proper purposes listed in the law are as follows:

a. to be close to significant family members, or other supportive individuals;

b. for significant health reasons;

c. to protect yourself, your children, or another member of your household from significant

risk of harm;

d. to pursue a significant employment or education opportunity; and/or

e. to be with your spouse who is established in the new location, or who is moving to the

new location to pursue a significant employment or educational opportunity.

7. If you fail to give 60 days’ notice to the other parent, and there is no good reason for your failure,

the court may determine your failure indicates your relocation is not in good faith, and may

require you to pay the expenses and attorney’s fees the other parent incurred to challenge your

relocation.

8. If the other parent challenges your relocation, and you do not show your relocation is in good

faith, for a proper purpose, and to a reasonable location, the court may modify your Parenting

Plan. Such modifications may include a reallocation of primary custodial responsibility. In other

words, if the children are living with you, the court may decide they should start living with the

other parent.

SCA-FC-130: WV Parental Relocation Notice Instructions

Page 2 of 5

Review Date: 10/2015; Revision Date: 10/2015;

WVSCA Approved: 2/9/2016

West Virginia Parental Relocation Notice Page 2