Moving to a new state is something that may be an opportunity after divorce. It is estimated that every year about 8 million people relocate to a different state. If you are a parent, you need to know the process for seeking relocation with your child. There are legal steps you must take in order to relocate out of state with your child after divorce. If you ignore the rules, you could face penalties, including the possibility of criminal charges. It is helpful to know what you need to do to relocate with your child.
How Custody Impacts Relocation Requests
First and foremost, you need to review the details of your child custody order. The type of custody arrangement you have will dictate your options. Sole custody means that one parent alone has physical custody of the child. Joint or shared custody is when both parents split time with their child, although the child may reside primarily with one parent. There is a difference between physical and legal custody. A parent may not have physical custody but still has the legal authority to make decisions on behalf of the child.
Get Approval From the Other Parent
The fastest and easiest way to relocate with your child is to obtain approval from the other parent. This is easiest when parents have a good relationship and you have a plan in place to handle future visitations, holidays, and other aspects of parenting time. For example, if you are relocating you may offer to pay for the child to travel to and from the other parent for regular visits. You may also set up other things to handle regular consistent communication between the child and parent. Many times, however, the other parent is unwilling to approve of the relocation.
Modifying a Child Custody Agreement
Whenever you make significant changes to a custody arrangement you will need to modify it through family court. A verbal agreement with your former spouse will not be enough to protect you from future possible problems. Instead, you will need to request a modification for order of custody, even if your ex agrees to the relocation. A modification is subject to court approval, even when both parties agree. The judge always evaluates the situation and makes a decision based on what is best for the child.
What Factors Courts Consider in Child Relocation Cases
The judge will consider a variety of factors when determining whether to allow relocation. The reason for the relocation is always a concern. There must be a legitimate reason to relocate, such as due to employment or to be close to family members. The court will look at what impact the relocation will have on the parent who is remaining in place. Visitation arrangements will be reviewed to ensure that parents still have access to their child. In some cases, the court will take the child’s preferences into account, especially if the child is older. The judge will also examine the current custody and visitation agreement to determine what impact a relocation will have on the family.
In all cases, the well-being of the child is the most important factor. A child’s education, physical, and emotional well-being is paramount in making the decision to allow relocation. The process for child custody modification can take some time, typically months. Therefore, you will need to plan in advance of when you wish to move. To learn more about relocation with your child, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
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.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.7.html
https://www.nccourts.gov/help-topics/family-and-children/child-custody
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