Determining where the children will reside is one of the more complex issues in a child custody dispute. It is more than just choosing a parent who has primary custody. Picking where a child will live is also important. Generally, this designation does not refer to a specific home but to a general area like a city, county, or region. It can even specify a certain number of miles from a child’s current home.
Relocating the children’s physical home does not always require a relocation order. However, when one of the parents wants to leave the previously designated state or town, they may need to discuss their options with a Charlotte relocation lawyer. Reach out to our firm today to learn more.
The state does not define when a parent needs a relocation order. Parents can specify the conditions in a divorce decree or custody agreement — but it is not binding and the decision will ultimately be up to a court. Will the proposed move have a significant impact on the child? Will it impact the other parent’s ability to access the child? If either of those is true, then the court will be reluctant to grant the request.
Answering those questions requires the court to examine several factors. The child’s age, the financial resources of both parties, whether the parents have access to cars, and their work schedules can all impact access. So can the initial custody arrangement.
When relocating will not negatively impact the other parent’s ability to see the child and has positive aspects, the court will probably approve it. For example, if a noncustodial parent has visitation every other weekend and the custodial parent is seeking to relocate a few hours away but has arrangements to make the child available for visitation at the customary time and place, there is no reason to oppose the relocation.
Our Charlotte lawyers could focus on how to make the relocation possible — often by minimizing the negative impact on the other parent.
Modifying the child custody agreement does not automatically accompany a relocation order. Generally, the parent who relocates will have the burden of ensuring that the child is still available for visitation at the regular time and place.
Of course, there are some scenarios where a request for relocation will need a request for modification. This is particularly true if the parents currently have a 50/50 custody arrangement. A relocation would make that arrangement impossible.
However, a desire to relocate is not enough for the court to grant a modification to the custody order. The court must believe relocating would have a positive impact on the child. That is a very high burden when the other parent plays a positive role in the child’s life, takes advantage of every opportunity to see the child, and is current on any child support obligations. In those instances, the court will determine whether the benefits to the child are more significant than any negatives.
Working with a Charlotte attorney is the best way to ensure an understanding of all obligations and rights and to determining the odds of being granted a successful relocation order.
Even when a custody agreement contains a non-relocation clause, the decision is ultimately up to the judge. Getting approval requires you to demonstrate that relocating is not only best for you but also in a child’s best interests. To do so, you can show things like better educational opportunities, a safer living environment, or better family support. You can also show a willingness to work with the other parent to guarantee access to the child. Schedule a consultation with a Charlotte relocation lawyer to find out more.
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