Some changes are harder than others. These changes can come in the form of trying to eat better to become a healthier you, stopping smoking, and in some cases, losing a family you thought you would always have due to divorce or breakup. However, when you add the plans of an ex wanting to relocate with your children, especially to another state, this may top all difficult changes. When this situation becomes your reality, it is imperative to know what to do and what your options are. If you or a loved one has an ex that would like to relocate with your children, contact an experienced North Carolina child custody attorney to help you with your case.
What Can I Do?
If your ex wants to relocate with your children, it is important to know whether your ex has decided to stay within the state of North Carolina or outside of the state as there are certain jurisdictional rules that may need to be adhered to based on North Carolina’s Uniform Child Custody Jurisdiction and Enforcement Act. Depending on your situation and if a child custody order is in place, as well as whether or not the relocation is due to emergency circumstances or in the best interest of the child will depend on what jurisdictional rules will apply. It is important to note that even if you bring an emergency action against your ex to keep your kids within their current jurisdiction, the court may still grant out of state custody of your children and apply a child custody arrangement that can be suitable for you and your ex.
In the event there is a child custody arrangement in place, then before your ex can relocate with your child a modification of that agreement should first be sought. If not sought, and the relocation interrupts your child custody schedule you can file a breach of a contract lawsuit or seek a contempt order against your ex. Lastly, if your ex moves out of state with the intent of evading North Carolina courts, you have the ability to seek an ex parte custody order for your children.
Need Legal Advice?
When your ex wants to relocate with your kids, you may be overwhelmed. The thought of your kids relocating, whether a matter of hours or states away, can leave you devastated and not knowing what to do. If this is your situation, you do not have to battle this alone. You have options that you can choose to utilize and we can help you throughout the process. Here at, The Law Office of Dustin S. McCrary we are dedicated to helping you and your children sustain a meaningful relationship. If you or a loved one would like to know your options, contact The Law Office of Dustin S. McCrary so that we can help. Contact our office today!