According to statistics from the National Association of Realtors and local Akarion realtor Mike Martin, home sales rise during the months of April through July. Real estate closings as a result of those sales typically occur during the months of May and August. What does this have to do with Family Law you may ask? Home buyers and sellers heavily involved in the frenzied work necessary to buy and/or sell a house and arrange and complete a move sometimes let some small details slip through the cracks, which could have some surprising and relatively serious consequences in the area of Family Law. This post discusses one of several Family Law details which must attended to in anticipation of a move.
Since 1994, all custody and visitation orders entered by Virginia juvenile and domestic relations district courts or circuit courts include a requirement that thirty days' advance written notice be given to the court and the other party by any party intending to relocate and of any intended change of address. Just like any other provision of a court order, a parent's failure to obey this requirement could result in that parent being found in contempt of court and punished with jail, a fine, and (if the parent entitled to the notice hires an attorney) attorneys fees. Aside from the aforementioned consequences, failing to include this task on your long list of things to do when buying and selling a home and moving can give the parent entitled to notice a little additional ammunition during the next custody and visitation hearing to argue in favor of a possible change in custody or visitation schedule.
So, if you are considering a move, add this little task to your check list and it will save you unnecessary trouble and headache when you should be attending to the other demands of your move-like unpacking!!!!