Happily ever after does not just happen to Cinderella. Happily ever after can happen to anyone, even more than once. However, when that happily ever after forces you to relocate and you have a child custody order in place then that happily ever after can soon turn into real life. Most people want to be in the same location as their spouse, however, trying to relocate and take children with you after remarrying can be difficult if you have a child custody arrangement or separation agreement in place. Because of this, it is important to know and understand if relocation is a viable option when you are relocating for marriage. If you or a loved one is seeking to relocate for marriage and you have a child custody arrangement or separation agreement in place, contact an experienced North Carolina child custody modification attorney to help you with your case.
Relocating for Marriage
When you are seeking to relocate due to marriage and you have a child custody arrangement in place, life can seem overwhelming. Your child’s other parent may not only be upset about the marriage, but upset about you relocating your child as well. The relocation, though perhaps beneficial, can seem vindictive to a parent who will no longer be able to see their child like they are used to and sometimes this can pose a bigger problem if you choose to relocate without modifying your current child custody agreement. If you have a child custody order in place then modifying your child custody order will need to be done by filing a motion with the court. However, if you have a separation agreement in place you and your child’s other parent would need to come to a mutual decision and then amend that agreement.
Unfortunately, marriage alone will not result in a child custody modification if there are no other factors in place. Before a judge will grant a modification to relocate due to marriage, the court will look to see if there is a substantial change of circumstances and if the move will be in the child’s best interest. If you are the person fighting the relocation, you will have to show that the relocation would be disruptive to the child and that there is a direct link between the relocation and the disruption. Because a judge looks to all evidence shown, it is important to make sure you have a legal team that understands your needs and will advocate for such.
Need Legal Advice?
Getting married is a beautiful thing and can be a very happy time for you and your spouse. Even relocating to another area or state can seem promising and wonderful for new beginnings. However, when you are relocating and you have a child custody arrangement in place, what once seemed promising can now be deemed overwhelming. However, it does not have to be. If you are the parent who is being left behind, you do not have to be overwhelmed and afraid of losing your child either. In both situations, we will step in and fight for you so that you do not have to fight alone. If you or a loved one is seeking to relocate for marriage and you have a child custody arrangement in place, contact an experienced child custody modification at The Law Office of Dustin S. McCrary to help you with your case. Contact our office today!