They’re your children, so you expect that you can do whatever with them as you so choose and this includes relocating to another state. Though you may feel like this, this is not reality and this is especially so when you share children with another parent whom you are no longer with. If you have a child custody order in place or a separation agreement, moving out of state with your children, can be detrimental to the other parent’s relationship with your children, as well as could subject you to a breach of a custody order. Because of this, before moving out of state with your children, you should speak with an experienced North Carolina child custody attorney to help you determine the best possible strategies for your situation.
Moving Out of State with Your Children
When you have decided to move out of state with your children, the process is generally the same when a child custody order or separation agreement is in place. This process includes modifying an already existing child custody order or amending a separation agreement. For both situations, the analysis that will be taken place is what is in the best interest of your children. Factors that a judge will look at in these circumstances is the age of the children involved, the stability of each parent, whether a realistic custody arrangement can be put in place, and the willingness of each parent to adhere to the custody schedule and still keep both parents involved with the events in your children lives. Regardless of whether you have a child custody order or separation agreement in place, it is invaluable to NOT move until you have modified your custody agreement beforehand. Though there are exceptions to moving without modifying a child custody agreement beforehand, these exceptions are rarely granted and usually involve life or death situations. Because of this, you should evaluate the reasons for why you are deciding to move out of state with your children, whether moving out of state is in your children’s best interest, and then seek legal advice and representation if you decide to move forth with your actions.
Need Legal Advice?
When you decide to move out of state with your children, not only does this affect you, but it also affects your children and the other parent. Moving out of state with your children may result in your children spending less time with their other parent, which can have a detrimental effect on everyone involved. For this reason, it is invaluable to speak with an experienced child custody attorney to help you determine the best strategies for your situation. If you or a loved one is seeking relocation to another state, with someone at The Law Office of Dustin S. McCrary to help you throughout the process. We are here to help! Contact our office today!