Are you trying to move states while under a child custody order? Life changes, and families aren’t always going to stay in the same place as they were when they initially went to court. It can be overwhelming to determine how to properly make the new big move under a custody agreement. Regardless if the moving parent has primary custody, in North Carolina, the moving parent must either obtain a court order to approve the child’s relocation or the other parent’s consent.
Moving within a state may not require either of the previous options. For example, if you’re planning to move within a city or the bounds of your custody agreement, the move likely doesn’t need to be approved. However, it is when a moving parent is relocating a child outside of the bounds of the custody agreement or if bounds are not specified when a move makes it impossible or exceedingly difficult to comply with the custody arrangement. Overall, it’s likely in the moving parent’s best interest to consult with an attorney before a big move. The attorneys at King Law are very experienced in family matters and would be happy to discuss your legal issues.
Court Approval
If a custody order is in place, the parent wanting to relocate the child should file a motion to modify custody. At this time, you would ask the judge to approve the move whilst creating a modification of custody that fits the new circumstances of the child’s relocation.
Courts, in determining matters of custody and parental rights, typically abide by the principle of doing what is in the best interest of the child or children. Therefore, when considering the child’s relocation, the judge will consider whether the relocation is in the child’s best interest. This could include considering the child’s opinion about the move, the parent’s intention behind the action, the other parent’s reasons for objecting to the move, and the practical effects on the child’s life (including both in seeing the other parent and effects on their activities).
Consent of the Other Parent
For the consent of the other parent, the moving and non-moving parent may agree on how to adjust to the move. This could include modifying when visits happen or time arrangements. If the parents
can agree, they should still go to court to have the original order modified to reflect the agreed-upon changes. It is not enough to merely agree upon a new schedule, as the agreement is likely unenforceable without being used to modify the original custody order.
Contact an Expert Defense Attorney at King Law
If you are facing a child custody matter, you may be feeling overwhelmed and unsure of your next steps. The experienced attorneys at King Law understand your stress and are dedicated to supporting you through this challenging ordeal. Our attorneys are proud to serve their clients in North Carolina and South Carolina and help them achieve favorable outcomes for their cases. Our award-winning team has a proven track record of success and is committed to protecting your rights and delivering the best possible results. To learn more about how our legal experts can help you, give us a call at 888-748-KING (5464) or fill out our contact form today.