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Though there are some people who hold on to their homes forever, in today’s times, and with the rapid changes of society, forever homes do not always exist. Perhaps you find another job in another location, or realize that you need to down size your home based on your family needs, relocating can become a quick part of your future. When your needs change and relocation becomes a viable option for you and your family, if you have a child custody order in place, relocating can prove to be a little more difficult as a modification of the order will need to occur before relocating. Because of this, if you are thinking of relocating with a child custody order or separation agreement in place, it is important to seek legal advice and representation with an experienced North Carolina child custody attorney to better understand why and how to modify a child custody order. 

How to Modify a Custody Order? 

When you decide to move and you have a child custody order or separation agreement in place, it is in your best interest to modify your custody order before relocating. In the event, you choose not to, and you are unable to uphold the current child custody schedule, then you can be held in breach of contract. Because of this it is important to know how to modify a child custody order. It is important to note, that depending on your case will depend on whether you need to modify a court order or a separation agreement, as there are different processes for each. When modifying a court order, a parent must file a motion to modify the court order and the judge will have to grant the motion before a new child custody arrangement can be arranged. However, if you are modifying a separation agreement, both parents must agree to the modification and must redraft that portion of the separation agreement into a new contract or amendment of the current separation agreement. Because of this, an attorney that is experienced in child custody modification is of the utmost importance.

Need Legal Advice? 

Understanding how to modify a child custody order could be extremely helpful in your case, as not modifying a child custody order when relocating can prove to be detrimental. Modifying child custody orders can be a frustrating process and this is especially so when you are trying to balance the stresses of relocating, adhering to your current child custody schedule, and worrying whether the modification will be granted. Because of this, let us take on the hard part. Here, at The Law Office of Dustin S. McCrary, we are here to help you through this situation and to make it easier for you. If you or a loved one is seeking to modify a child custody order, contact The Law Office of Dustin S. McCrary so that we can help you with your case. Contact our office today!

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