Rule 52.Relocation of a parent
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 52
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
A parent with responsibilities under a court-ordered parenting plan who changes or intends to change residence for more than 90 days must file a notice of relocation with the circuit clerk and provide it to the other parent. The notice has to comply with the statutory requirements.
Either parent may then ask for a hearing, by filing a written request with the circuit clerk and sending a copy to the family court. Within five days of receiving it, the family court sends the parties a scheduling order setting a relocation hearing.
Either party may also request an expedited hearing — and if they do, it takes priority over matters not designated as expedited by rule or statute. A relocation that is imminent does not have to wait behind the ordinary docket.
Frequently Asked Questions
When is a relocation notice required?
Where a parent with responsibilities under a court-ordered parenting plan changes or intends to change residence for more than 90 days.
Who gets the notice?
It is filed with the circuit clerk and provided to the other parent, and must comply with W. Va. Code § 48-9-403.
How does a parent get a hearing?
By filing a written request with the circuit clerk and sending a copy to the family court. Either parent may request one.
How soon is the hearing set?
Within five days of receiving the request, the family court sends the parties a scheduling order setting a relocation hearing.
Can a relocation hearing be expedited?
Yes. Either party may request an expedited hearing, which has priority over matters not designated by rule or statute as expedited.