Let’s face it: not everyone stays in the same place indefinitely. Depending on your life and circumstances, you may decide to move due to a change of job, to be closer to family, or even for better living standards. As if relocating isn’t an overwhelming process, alone, the process can get even more complicated when child custody orders are in place. Because of this it is important to understand North Carolina laws regarding whether you can move or relocate before modifying child custody orders. If you or a loved one are considering relocating but you have a child custody order in place, contact an experienced North Carolina child custody attorney to help you determine the best strategies for your situation.
Move First, Modify Child Custody Orders Later?
In North Carolina, if you are the custodial parent and you have a child custody order in place, you may have to get permission from the court as well as your ex-spouse before relocating to another area. Also, depending on where you are relocating, the likelihood of a realistic visitation and custody schedule, and if it is the child’s best interest will play a factor in your ability to relocate. Understanding your child custody orders or separation agreement will be of the utmost importance when you are looking to relocate as it may prevent you from relocating to a different state or a certain amount of miles away from where you are currently located. Though you may feel that because you are the custodial parent you have the right to relocate, if you choose to move first and modify a child custody order later, this can be detrimental to your case and child custody order that can result in the other parent gaining emergency custody of your child.
In the event you do not have a child custody order in place, you may have more flexibility to move to a different city within North Carolina or even out of state. However, the other parent may still be able to seek emergency custody if the other parent can prove to the courts that moving the child out of North Carolina was due to an ulterior motive, such as to avoid the jurisdiction of North Carolina courts. Because of this, it is important to seek legal advice and representation before relocating a child, to help you determine the next best steps for your situation.
Need Legal Advice?
It is normal to want relocate at some point in your life and it is normal to want to do so with your kids. Though the process can seem complicated when child custody orders are in place, it does not have to be. When you are moving in accordance with the best interest of your child and you and the other parent are willing to make relocating work, the process can be deemed easy. However, when there is a dispute regarding relocating a child, though you may feel alone, you do not have to go through the process alone. Here at The Law Office of Dustin S. McCrary, we can help you throughout the process of relocating and modifying child custody orders. Even if the process seems “easy”, it is still in your best interest to seek legal advice to understand the consequences of such actions. If you or a loved one are considering relocating while child custody orders are in place, contact an experienced North Carolina child custody attorney at The Law Office of Dustin S. McCrary to help you with your case. We are here to make life easier for you. Contact our office today.