When you have a child with another person and there is a custody order in place, relocating may not the easiest thing for you to do. Whether it is moving that child away from the other parent, their school and friends, or other family members, relocating can prove difficult. In these situations it is best to understand whether or not you need to get court approval before you decide to relocate yourself and your child. If you or a loved one are thinking of relocating, contact an experienced North Carolina child custody attorney to help you determine whether relocating is in the best interest of your child and to determine the best way to go about relocating.
Do You Need Court Approval?
The long and short answer to this question is: it depends. Generally, court approval will be needed in any case where there is a child custody order in place and where you are planning to relocate may not allow you to adhere to the terms of the order. By relocating before seeking court approval, you could potentially open yourself up to having a contempt order filed against you and in some cases opening the door for emergency custody to be sought against you. However, if you seek court approval first, if the relocation is in the child’s best interest then the relocation can be approved with a new child custody schedule being ordered. Though not always convenient, seeking court approval first can be beneficial to your case, especially if you have a parent that is not aggregable to the relocation. Because of this, seeking legal advice and representation is important.
Need Legal Advice?
Though relocating can be a difficult decision to make when you have multiple people involved who will be affected, it does not have to be. Speaking with an experienced child custody attorney can prove to be invaluable to your situation as well as help you gain peace of mind. If you or a loved one is thinking of relocating you and your child while having a child custody order in place, contact an experienced North Carolina child custody attorney at The Law Office of Dustin S. McCrary to help you determine the best possible strategies for your situation. Contact our office today! We are here to help you!