Your Honor Knows Best: The Parental Role of Virginia Courts in Facilitating Non-Custodial Parents’ Dominance Over Primary Custodians 'In the Best Interests of the Children'

Abstract

This article explores mismanagement of Virginia Courts' application of the best interests of child standard in determining whether to permit a custodial parent to relocate from state. It conducts a multi-state survey to compare statutory factors and case law to illustrate extraordinary burdens Virginia has placed on custodial parents attempting to make important life decisions and take advantage of opportunities for their families. By imposing numerous additional court-created obstacles that custodial parents must overcome, Virginia courts have created unjust and inconsistent outcomes, often effectively confining women to immediate proximity of their ex-husbands or lovers and requiring them to forego any significant opportunities until their children reach adulthood.