Imagine:  You’ve been given a job promotion that could substantially change the life of you and your children. The only problem is, you would have to relocate to another state in order for this promotion to be effective. That wouldn’t pose much of a problem if you didn’t’ have children and a child custody arrangement to adhere to. So, what do you do? You don’t want to leave your kids in a state that you won’t be in, but you also have to consider the needs of the other parent and your children, so the question remains what do you do? If you or a loved one has a child custody arrangement in place and you are seeking to relocate, contact an experienced North Carolina child custody attorney to help you strategize about the best options for you and your situation. 

First Things First

When you are planning to relocate, specifically outside of the state of North Carolina, there will always be an issue regarding custody arrangements, however, how you solve those issues will greatly depend on whether you have a child custody arrangement in place, and if so, what type of child custody arrangement it is. One rule that stands firm, however, with each child custody arrangement, is following the terms of the arrangement, as not doing so can be detrimental to you. 

On one hand, if you have a child custody arrangement in place, it is in your best interest to seek modification of that order before moving out of the state, as not doing so could allow the other parent to bring a contempt order against you. On the other hand if you have a separation agreement that addresses custody, before custody can be modified, both parents must agree to the terms of the modification or file a new action for child custody otherwise you can be held in breach of the separation agreement. It is important to note, with both, a child custody order or a separation agreement, an emergency child custody action can be filed against you by the other parent. 

Therefore, if you are considering relocating, the first thing you should do is determine whether the move is in the best interest of your children and the impact that the move will have upon them. Second, speak with the other parent to get their take on the relocation and see if you both can come up with an amicable agreement. Last, but not least, it’s best to consult with your attorney about the best options for your case as an attorney will be able to advise you on how to move forward in your jurisdiction. 

Need Legal Advice?

When you are needing or even wanting to relocate and you have a child custody arrangement to adhere to, your options may seem few. After all, you have to decide whether you want to take your kids away from everything they know, or keep them in a situation that may not be in their best interest or yours. Though your options may seem few, a child custody attorney can help you navigate through those options while informing you of legalities that may stand in your way. An experienced child custody attorney will help you come up with a plan to ensure compliance with an already existing child custody order or help you seek a modification of a child custody order. Therefore, if you find yourself in a similar situation, contact an experienced North Carolina child custody attorney at The Law Office of Dustin S. McCrary to help you with your case. 

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