There are several reasons why a parent can decide to relocate. Though most of these reasons can result around positive changes, such as a new job, a new relationship, as well as being closer to family. However, there are times when a parent will decide to relocate due to domestic violence issues and trying to maintain a safe environment for themselves as well as for their child. Domestic violence is a huge issue throughout the United States and has reared its ugly head in North Carolina as well. When this happens, a parent’s only way to protect themselves and their child may be to relocate to another city or state. Unfortunately, when there is a child custody order in place, this can seem like a frustrating process. So what happens when you have a child custody order to adhere to, but you also need for you and your child to be in a safe environment? If you or a loved one is seeking child custody modification due to needing to relocate to avoid domestic violence, contact an experienced North Carolina child custody attorney to help you with your case and to help you strategize about the best possible outcomes for your situation.
Relocation and Domestic Violence
In North Carolina, domestic violence is any violent act against a victim which a personal relationship with the victim exists. These violent acts can consist of:
- attempting to cause bodily harm
- intentionally causing bodily harm
- committing an illegal sex offense
- harassment or fear thereof
- as well as causing substantial emotional distress.
To be considered domestic violence, however, a personal relationship must exist which involves:
- a married or divorce persons
- having children with another
- having a parent-child relationship
- by living together in the same household
- dating couples of the opposite sex
When domestic violence exists, though a domestic violence order can address issues of custody, if you have a child custody order in place, then the child custody order will overrule the domestic violence order. Because of this seeking a domestic violence protective order and then seeking child custody modification may be in your best interest. This is because a domestic violence protective order will help the judge determine whether domestic violence truly occurred and to what extent and if there has been substantial changes in circumstances that would be in a child’s best interest to relocate with the parent filing for the modification.
Need Legal Advice?
Being subjected to domestic violence is not an easy matter, and becomes an even harder process when you have a child involved with the person who is abusing you. But to have a child custody arrangement to adhere to as well, can be downright overwhelming and frustrating. Though you may feel helpless if you have found yourself in this circumstance, you do not have to be. Here, at The Law Office of Dustin S. McCrary, we can help you weigh the positive and negatives surrounding your case, help you come up with a plan of action, and try to protect you legally in relation to a child custody order or separation agreement. Because of this, if you have found yourself in this situation, you should contact an experienced North Carolina attorney at The Law Office of Dustin S. McCrary to help you strategize about the best possible strategies for your case. You do not have to fight this battle alone, contact our office today!