Move away custody cases in Virginia are governed by Va. Code § 20-124.2, which requires the court to determine what serves the experienced interests of the child. The statute directs the court to consider 10 specific factors under Va. Code § 20-124.3, including the child’s age and physical and mental condition, the relationship between the child and each parent, the role each parent has played in the child’s life, and any history of family abuse. When a parent wishes to relocate with a child, the court must weigh the potential benefits of the move against the disruption to the child’s existing relationships and stability. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: April 2026 | New Kent County Juvenile & Domestic Relations District Court and New Kent County Circuit Court | Virginia General Assembly — official site
For the full text of the statute governing move away custody cases, see Va. Code § 20-124.2 (Virginia General Assembly — official site). For the 10 statutory factors the court considers, see Va. Code § 20-124.3 (Virginia General Assembly — official site).
In New Kent County Juvenile & Domestic Relations District Court, prosecutors and judges routinely scrutinize relocation requests to ensure the child’s experienced interests are protected.
We have observed that the court places significant weight on the child’s existing relationships with extended family and the stability of the current school environment.
Parents who propose a detailed parenting plan for post-relocation visitation often receive more favorable consideration from the court.
- Consult with a Move Away Custody Lawyer New Kent County to evaluate your relocation plans.
- Review the existing custody order for any relocation restrictions or notice requirements.
- File a motion for relocation with the appropriate court — New Kent County J&DR or Circuit Court.
- Prepare evidence addressing each of the 10 experienced-interest factors under Va. Code § 20-124.3.
- Attend the hearing and present your case with the assistance of a relocation custody dispute lawyer New Kent County.
- Implement the court-approved relocation and updated custody schedule.
In New Kent County, move away custody cases carry potential consequences including modification of custody, restrictions on relocation, and court-ordered parenting plans.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Violation of Custody Order (Relocation) | Civil Contempt | Up to 10 days | Up to $1,000 | None | Modification of custody; attorney fees |
| Parental Kidnapping (Unauthorized Relocation) | Class 6 Felony | 1-5 years | Up to $2,500 | None | Loss of custody; criminal record |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Advocacy Without Borders — the firm handles complex family law matters including move away custody disputes, relocation cases, and custody modifications. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include traffic, criminal, and drug offense cases handled in New Kent County General District Court.
Our location in Richmond is approximately 25 miles from New Kent County Circuit Court and New Kent County Juvenile & Domestic Relations District Court, with access via I-64 and Route 33.
Move Away Custody Lawyer near New Kent County.
Serving the communities of New Kent, Providence Forge, and Quinton.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(804) 201-9009 | By appointment only
Frequently Asked Questions About Move Away Custody in New Kent County
How does a Virginia lawyer defend against move away custody charges?
Defense strategies for move away custody in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-124.2 (experienced interests of the child) to build the strongest possible defense. A parent moving with child lawyer New Kent County can help handle these strategies.
Defense strategies include challenging evidence and presenting mitigating factors under Va. Code § 20-124.2.
What should I do if I am facing move away custody charges in Virginia?
If facing move away custody charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action. A relocation custody dispute lawyer New Kent County can provide immediate guidance.
Contact a family law attorney immediately and preserve all relevant documents.
What are the penalties for move away custody in Virginia?
Penalties for move away custody in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-124.2, consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance. A Move Away Custody Lawyer New Kent County can evaluate your situation.
Penalties may include fines, jail time, or probation under Va. Code § 20-124.2.
How long does a divorce take in New Kent County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in New Kent County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Cases filed at New Kent County General District Court.
Filing fee is approximately $86, with additional costs for service and mediation.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). New Kent County Circuit Court (12001 Courthouse Circle, New Kent, VA 23124) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. New Kent County J&DR Court handles standalone custody. New Kent County Circuit Court handles custody within divorce cases.
Custody is decided based on 10 experienced-interest factors under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at New Kent County Circuit Court.
No-fault divorce requires 6-month or 1-year separation; fault grounds include adultery and cruelty.
Related Legal Services
- Norfolk Military Divorce Lawyer Virginia — State hub for military divorce and family law matters.
- Marital Settlement Agreement Lawyer Fairfax County — Sibling page for Fairfax County.
- Marital Settlement Agreement Lawyer Greene County — Sibling page for Greene County.
- Domestic Violence Lawyer New Kent County — Related criminal practice area in New Kent County.
- Indecent Exposure Lawyer New Kent County — Related criminal practice area in New Kent County.
Last verified: April 2026
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.