Moving Away With a Child in West Virginia: Relocation Notice, Distance Rules and Burden of Proof
In West Virginia a parent who plans to move must file a verified petition to modify the parenting plan at least 90 days ahead, serve the summons 60 days ahead and prove a legitimate, good-faith purpose and the child’s best interests at a hearing at least 30 days before the move.
What does the West Virginia relocation law say?
A relocation that impairs either parent’s ability to exercise responsibilities or the ordered custodial schedule is a substantial change in circumstances. A parent who changes or intends to change residences must file a verified petition to modify the plan, served on the other parent, at least 90 days before the move, with the summons served at least 60 days ahead unless that was impracticable (W. Va. Code 48-9-403(a), (b)).
| Question | What the statute says |
|---|---|
| Who files | A parent with responsibility under a parenting plan who changes or intends to change residences |
| What | A verified petition to modify the parenting plan, served on the other parent and others with custodial time |
| When | Petition at least 90 days before the move; summons served at least 60 days before, unless impracticable |
| Hearing | At least 30 days before the move; expedited hearing possible |
| Burden | The relocating parent proves legitimate purpose, good faith, best interests and no reasonable alternative |
| If not done | May count against good faith and support a change of primary residence and fees |
What must the petition say in West Virginia?
The proposed relocation date, the new address, the specific reasons, a proposal for modifying custodial responsibility and a request for a hearing (48-9-403(b)).
Who has the burden of proof in West Virginia?
The relocating parent must prove that the reasons are legitimate and in good faith, that the move with the child is in the child’s best interests, and that there is no reasonable alternative that would be in the child’s best interests and less disruptive (48-9-403(d)(1)).
What counts as a legitimate purpose in West Virginia?
Being close to immediate family, substantial health reasons, protecting the safety of the child or the household from significant harm, a significant employment or educational opportunity, or joining a spouse or partner of at least a year who is established or pursuing such an opportunity elsewhere (48-9-403(d)(2)).
How does the court adjust the schedule in West Virginia?
If the move is for a legitimate purpose and in good faith and the same proportion of custodial responsibility cannot be kept, it modifies the plan on the child’s best interests; after the hearing it revises the plan, if practical, to accommodate the move while keeping each parent’s proportion, and may allocate added transportation and communication costs (48-9-403(c), (d)(4)).
What if I do not follow the procedure in West Virginia?
Failure to comply may count against the good faith of the relocation and may support a reallocation of the primary residence and custodial responsibility and an award of reasonable expenses and attorney fees (48-9-403(b)).
Where is the equal-time default found in West Virginia?
In the allocation statute, which treats equal time as the starting point at the final hearing (48-9-206); the limits for abuse and interference are in 48-9-209, and the support line is in 48-13-501.
What about support and the schedule after a move in West Virginia?
A longer distance changes the schedule and the days. Recount with the West Virginia parenting time calculator and run the West Virginia child support calculator.
Frequently asked questions
Do I need permission to move with my child in West Virginia?
You must file a verified petition to modify the plan at least 90 days before the move and win the hearing.
Is there a distance rule for moving in West Virginia?
The statute applies when a move impairs a parent’s ability to exercise ordered responsibilities, not a fixed mileage.
Who has the burden of proof in a West Virginia relocation case?
The relocating parent.
Does moving to escape domestic violence hurt me in West Virginia custody?
Protecting the safety of the child or household from significant harm is a legitimate purpose.
Does a move change West Virginia child support?
It can; the court may allocate transport costs and consider a deviation for long-distance visitation costs.
Official sources
- W. Va. Code 48-9-206: allocation of custodial responsibility at final hearing
- W. Va. Code 48-9-102: objectives; best interests of the child
- W. Va. Code 48-9-209: parenting plan; considerations
- W. Va. Code 48-9-403: relocation of a parent
- W. Va. Code 48-13-501: extended shared parenting adjustment
- W. Va. Code 48-9-401: modification on changed circumstances
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited West Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed West Virginia attorney.