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Can I Relocate With My Child After DivorceIn this article, you can learn about:

  • Conditions that determine whether a parent is allowed to relocate.
  • How relocating impacts children who are under a custody arrangement.
  • Why a family lawyer is needed at these times.

Can One Parent Legally Relocate A Child To A New Home In Another City, County, Or State?

Relocating can be a difficult decision, especially when children are involved. In North Carolina, judges will consider several factors when determining whether or not relocation is in the child’s best interest. These factors include the advantages of the relocation (such as educational opportunities and quality of life in the new place) and any potential disadvantages (such as disruption to the child’s current lifestyle).

When deciding whether or not to allow a parent to relocate with their child, courts will consider that parent’s motivations. Are they moving for a great career opportunity that will benefit their child? Or are they attempting to get their child away from the other parent? How will this relocation interfere with visitation rights? These are all important factors that courts must weigh when making a decision.

It’s very likely that the court will look favorably at the parent who has been providing stability for the children every other week in terms of custody arrangements. Moving to the other side of the country would mean depriving them of that stability and could result in only being able to see them for half the holidays and for shorter periods during summer vacation.

The freedom to move around freely is an important constitutional right, but it does not supersede the rights of parents to raise their children. Both parents have the constitutional right to parent their children, and the children have the reciprocal right to associate with their parents.

Do I Need To Talk To A Lawyer Before Relocating With My Child?

Talking to an attorney before taking any legal action is always a good idea. Your lawyer can help you develop your own opinions with good information and legal advice. In the case of custodial disputes, this is especially true. By getting advice ahead of time, you can learn your best options and how to position yourself to have the best chance at success. This may include positively discussing the situation with the other parent and coming up with a solution that works for everyone involved, such as leaving the children with the other parent.

It is always best for both parties to be willing to compromise and work together to find a resolution that everyone can agree on. However, sometimes people can be stubborn and refuse to budge from their position. In these cases, it may be necessary to bring in a neutral third party, such as a mediator or counselor, to help facilitate communication and reach a compromise.

With the guidance of a skilled attorney for Family Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.

For more information on Family Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling
(828) 884-5400

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