Experienced Parental Relocation Attorneys in North Carolina
At the David W. Martin Law Group, our North Carolina child custody attorneys know that as both children and parents move forward with their post-divorce lives, many things can change.
Often, that includes where the primary custodial parent lives with the children.
Not surprisingly, when a child custody agreement is either temporarily or permanently in place, the request for a move can be met with much resistance.
Since parents spend a considerable amount of time anticipating each other’s reactions to different scenarios, it is often beneficial to reach out to a family law attorney to learn more about their legal rights and options before presenting the idea of a move.
Others may know that asking a noncustodial parent to have a long-distance relationship with their children will require a substantial presentation, outlining how the move benefits the kids, and what a new visitation plan would like.
No matter which side of the move you are on, our North Carolina child custody attorneys can explain both the legal and family dynamics that will be examined by the courts, so you are aware of all your potential options.
Can I Relocate with My Kids If I Have a North Carolina Child Custody Agreement in Place?
If you have primary physical custody of your children in North Carolina, you cannot move out of the state without approval.
The first line of defense is going to be the other parent. If you know he or she will oppose the move, you must petition the North Carolina family court in your jurisdiction for a hearing to review the relevant details of the move.
Once the petition is in place, the family court will consider the benefits of the move, and the facts involving how difficult it will become for the noncustodial parent to continue spending frequent and meaningful time with his or her kids.
When a petition for parental relocation in North Carolina is assessed by a judge, it will include scrutiny of:
- The custodial parent’s motive for seeking a move.
- Why the noncustodial parent opposes the move.
- Whether the proposed move would improve or diminish the children’s quality of life.
- If the children have close ties to their family members, church, school, or community.
- If the children have close relationships with the noncustodial parent, their existing parenting plan, and visitation schedule.
- How to preserve and foster the parental relationship with the noncustodial parent if the move is approved by establishing a realistic visitation schedule.
Each of these factors, and potentially more, will be thoroughly evaluated by a judge, which will result in one of three decisions:
- Relocation approval and the necessary adjustments that must be made to the visitation schedule.
- Modification of the custody order.
- Denial of the petition to relocate with the children.
At no point in time should the primary custodial parent leave with the children without the other parent or the court’s approval. Doing so could result in harsh legal and custodial repercussions.
If you have questions about moving with your children inside or outside North Carolina, contact our skilled child custody attorneys to learn more about your legal rights and options, so you can make informed decisions about the relocation request.
Our experienced family law attorneys in North Carolina represent clients in the following legal matters:
- Alienation of Affection
- Child Custody and Visitation
- Child Support
- Domestic Violence Orders of Protection
- Father’s Rights
- Property Division
- Prenuptial & Postnuptial Agreement
- Separation Agreements
Can I Stop the Other Parent From Relocating With My Kids?
Moving to a different home is not uncommon for divorced parents, no matter which side of the custody agreement they are on. Typically, a move to a new neighborhood or area may not require approval from either the other parent or the court.
If the change is more than a move to a nearby address, and you oppose it, talk to an experienced family law attorney in North Carolina to review your existing child custody agreement before confronting the other parent.
Doing so could easily clear up any legal issues before they become a dispute and help fortify your argument before it reaches the inside of a courtroom.
Much like the primary custodial parent, you too 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 Our Skilled North Carolina Parental Relocation Attorneys in North Carolina
At the David W. Martin Law Group, our North Carolina parental relocation attorneys are here to listen to your child custody 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.