Divorcing with children brings many complications. One of the most important considerations is where your children will reside. While the law assumes both mothers and fathers are equally able to care for their children, in most instances, the children will reside primarily with one parent while the other parent will have regular visits. In today’s fluid society, many people move around the country, whether for work or personal reasons. What happens when one parent wants to move out of state with their children?
What are my custody rights if the other parent moves?
Review Child Custody Order
Before a parent may move with a child, they should first review the legal child custody order that is in place. The order may address specifics regarding the child’s residence as well as visitation. A parenting plan may provide details as to how custody and visitation take place. Although the order may not address relocation specifically, it might provide some insights. When one parent has primary custody, and the other parent has regular visits, you cannot simply change the way that takes place without making a change through the court system.
Seek Approval of the Other Parent
To be able to move with your child, you will need the written approval of the other parent or a court order that approves the relocation. The best-case scenario occurs when the other parent agrees to your relocation. Parents may discuss the matter and come to a mutual agreement. You need to put the agreement in writing with help from an experienced family law attorney. Without approval or a court order, you could get into legal trouble if you move far away.
Modification of Child Custody and Visitation
A parent will usually need to file a motion to modify custody with the court if they wish to relocate with their child. This is necessary when the move will make a substantial change to the current agreement. For example, moving out of state with a child may make weekly visits impossible. Parents will need to work out a new agreement to handle visitation using the new logistics. If both parents are not in agreement, custody mediation may be necessary.
What Does the Court Take Into Consideration?
A hearing allows both parents to provide their view of the relocation. The judge will take a number of factors into consideration when deciding whether to allow relocation. The main consideration is the well-being of the child. The judge will review the reasons the parent wishes to move. They will also take into consideration the reasons the other parent opposes the move. Additionally, the judge will think about future visitation. There must be a new proposed visitation arrangement, and parents must be willing to comply with the new visitation schedule. The ages and needs of the child will be of concern. The parent who wishes to move with the child must be able to show that the move is in the best interests of the child.
If you are thinking about moving with your child, you will want to begin the approval process as soon as possible. If you move without getting proper advance approval, you could risk losing custody of your child in the future. To learn more about child custody and visitation modifications, call us at Arnold & Smith, PLLC, at 704) 370-2828 to discuss your legal needs.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/documents/forms/motion-to-modify-custody
Image Credit:
https://www.freeimages.com/photo/knife-cutting-through-bride-and-groom-on-wedding-cake-2289594
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts: