At the David W. Martin Law Group, our Charlotte child custody attorneys know that when the primary custodial parent wants to relocate with their children, the request can be met with significant resistance from the noncustodial parent.
Typically, the parent who wants to relocate has an idea of how the request will be received, based on their relationship with the other parent, or how challenging their divorce proceedings were to get to this point.
Our Mecklenburg County family lawyers also understand that asking a noncustodial parent to have a long-distance relationship with their children must be presented with their best interests as the driving factor.
No matter which side of the move you are on, our North Carolina child custody attorneys will explain your legal rights and options to relocate with your children or to oppose the move.
Here is what you need to know.
How Can I Seek Court Approval for Parental Relocation in North Carolina?
If you have primary physical custody of your children and would like to relocate with them, you must know you cannot move outside of North Carolina or more than 125 miles out of the county without first getting permission from the other parent or the family court.
If the other parent has already opposed the move, the custodial parent must petition the North Carolina family court for permission before making it more difficult for the noncustodial parent to continue frequent and meaningful visitation with his or her kids.
Once the petition is in place, the family court will consider all positive and negative effects that the move could have on the children’s lives.
- The motives of the custodial parent seeking the move
- How the proposed move would improve the child’s quality of life
- The child’s ties to their school, church, extended family members, and the community as a whole
- The child’s existing relationship with the noncustodial parent and frequency of contact
- How to establish a realistic visitation schedule that will preserve and foster the parental relationship with the noncustodial parent
- The reasons for the noncustodial parent’s resistance to the move
Once each of the potential factors is evaluated by the court, the judge may approve the relocation and adjust the visitation schedule accordingly, modify the custody order, or deny the petition.
Leaving without a court order could lead to serious legal ramifications that require you to bring your child back, giving the other parent leverage during upcoming custody cases.
Our Experienced Family Law Attorneys in Charlotte, NC Represent Clients in the Following Legal Matters:
- Child Custody and Visitation
- Child Support
- Domestic Violence Orders of Protection
- Property Division
- Prenuptial Postnuptial Agreement
- Separation Agreements
- Father’s Rights
- Enforcement of Court Orders
How Can I Seek Court Order to Stop Parental Relocation in North Carolina?
Currently, if one parent wants to move to a home within the same North Carolina county, he or she will likely be able to do so without obtaining the court’s permission.
However, if the custodial parent wants to relocate with your children, you should first revisit the existing child custody order to examine the terms that apply to your unique family law case.
Since the custodial parent must get the court’s permission to move, you should talk with a skilled parental relocation lawyer in Charlotte today to learn more about your legal rights and options to oppose the request.
Much like the other parent, you must develop a clear case outlining why the move should be denied.
Our parental relocations lawyers in North Carolina will advocate on your behalf to help pursue the outcome you desire, so you can continue to have an important and impactful relationship with your children.
Contact us today to learn more.
Contact Our Skilled Parental Relocation Attorneys in Charlotte, North Carolina Today
At the David W. Martin Law Group, our Charlotte parental relocation lawyers are here to listen to your legal challenges, so we can outline all potential strategies that will allow you to pursue the best outcome for your case.
Call us at 980-265-9724 today to discuss your case and get the help you need.
Our family law attorneys represent clients throughout North and South Carolina and have convenient offices on both sides of the border to help provide the legal guidance and strategies our clients need to move forward with their new lives with confidence.