In re Lockaby

The petitioner, Dorothy C. Lockaby, appeals an order of the Salem Family Division (Reardon, J.) denying her motion to modify the visitation rights of the respondent, William E. Smith, by permitting her to relocate to the Commonwealth of Virginia with their two minor children. On appeal, the petitioner contends the trial court’s order is an unsustainable exercise of discretion and an improper modification of custody. We reverse and remand.

The record supports the following facts. The parties divorced in September 2000, after a long-term marriage that produced three sons. At that time, the…