When you are going through a separation or a divorce, you may feel, not only overwhelmed, but completely alone. If you have kids then you may be trying to determine what will happen with them, will you be able to support them on your own or, maybe, will they feel like they have enough love around them to make up for the separation that has or will occur. In these times, family have the ability to give the utmost support, but what happens if your family lives hours away or better yet, states away? Are you able to relocate to be close to your family even if you have a child custody arrangement in place? If you or a loved one is seeking relocation to be closer to family, it is in your best interest to contact an experienced North Carolina child custody attorney to strategize about the best possible results for your case.
Can you Relocate to be Closer to Family?
After a divorce or separation, fear and loneliness are very real emotions to have. You may fear having to support your children on your own, especially if the other parent is not contributing to their care and support and you may feel lonely and alone, because you are so used to sharing your life with another. Regardless of your situation, being around people who can support you and are there for you can be a phenomenal experience, however, when you have kids involved this relocation can be difficult. If you have a child custody arrangement or separation in place, before relocating, it is invaluable to seek a modification of those orders before moving, as NOT seeking a modification can leave you in breach of your custody arrangement whereas emergency custody can be sought against you. In North Carolina, when you seek modification to relocate for the means of being closer to family, a judge will determine if the move is in the child’s best interest. In some cases, if a child is actively involved in their school or community, has other family in the state, and has a good relationship with the other parent a judge might determine that uprooting your child is not in their best interest.
In cases with relocating a child, the most important questions will pertain around the benefits that the move will provide to your child, and NOT for you. These questions can consist of: what is the child moving to as well as what is the child leaving behind? Determining what will tip the scale in a judge’s decision is difficult to pinpoint. Because of this, finding a lawyer that is familiar with judges in your jurisdiction and is familiar with the process of child custody modifications is essential to having a successful case. Every circumstance is different and every modification will depend on the facts surrounding your case. As in all legal matters, you need the facts and how you present those facts in court to be on your side. That is why seeking an experienced attorney is advisable.
Need Legal Advice?
When you are considering relocating and you have a child custody arrangement in place, you have to think about the effect that that relocation will have on all parties involved. Though you may have several reasons to justify relocating you and your children to be closer to family, the judge will be the ultimate decision maker taking into account the main concern: the best interest of the child. With that being said, this can become a very complicated matter, and this is especially so if the other parent does not want the relocation to occur. Because of this, seeking advice and representation from an experienced North Carolina child custody attorney is in your best interest. If you or a loved one is seeking relocation and you have a child custody arrangement in place, contact The Law Office of Dustin S. McCrary to help you with your case. We are here to help you!