Facing any type of family law dispute can be a harrowing and emotionally draining experience. Still, cases involving custody and visitation of your children are inherently the most challenging family law cases you might face. If you have a standing family court order that allocates parental rights and responsibilities to you and your co-parent, you must obey the terms of the order until its expiration. However, this does not mean the terms of the order are firmly set in stone.
Disputes and controversies can arise over any family court order. One of the most commonly cited reasons for such issues is relocation or a parent’s desire to move away with their child. If the parent has 100% custody of the child, the other parent may not have any say in the matter, especially if they have lost their right to custody or visitation due to their past actions. However, relocation is a more hotly contested issue in cases involving parents who share custody.
If you plan to relocate with a custody order, you must be prepared to make a compelling case to the Concord, NC, family court explaining why the move would benefit your child more than their current living arrangements. If the move prevents your co-parent from exercising their custody and visitation rights, the two of you will likely need to renegotiate various aspects of your relocation, or the other parent may contest the move entirely.
No matter which side of the relocation dispute you find yourself on, legal counsel you can trust is invaluable for navigating this difficult situation. If you plan to move and want to take your child with you, you should prepare to file a detailed modification petition that clearly explains your intentions for the move, how you expect it will influence your current custody terms, and how you believe they should change. Your child’s other parent has the right to respond to your petition, and the case can go in many possible directions at this point. You may also need to respond to an unexpected relocation proposal from your co-parent, and an attorney is an invaluable resource in this situation.
Your Concord move-away and relocation attorney can help you through the preliminary stages of your case, whether this involves crafting your petition for approval to relocate or preparing a response to your ex’s petition for relocation. The attorneys at The Law Offices of Aimee E. Cain understand that every custody dispute is unique, and every parent faces different challenges in their proceedings. We’ll help you understand the legal proceedings you face and determine the best legal strategy for securing the results you wish to see.
Changing a family court order can be more straightforward than you expect, but it is still a challenging process that demands close attention to detail. Your initial custody determination was developed using the standard of your child’s best interests. The family court of Concord, NC, has a legal obligation to preserve the best interests of any child their rulings affect. Therefore, the custody order you currently possess was approved by a family court judge, and only a family court judge can approve any modifications to child support or child custody.
Whether your custody determination stemmed from a more comprehensive divorce case or are an unwed parent with a custody order, you need to have legal counsel you can trust. This is especially true when you must amend, contest, or modify a standing family court order for any reason. Legal representation is also essential when fighting proposed changes to your standing family court order if those changes infringe on your parental rights if approved.
Ultimately, every child custody-related decision delivered by the Concord, NC, family court must preserve the child’s best interests, which applies to custody modifications and proposed relocation. Therefore, the court must review the details of the case at hand and determine what type of custody order would help the child thrive best.
The Law Offices of Aimee E. Cain can provide the legal counsel you need when you intend to modify your custody order and relocate with your child. If you truly believe your intended relocation would suit your child’s interests more than their current living arrangements, we can assist you in building a compelling case to support you in your modification proceedings. We can also help you fight your co-parent’s proposed relocation. Whether they’re moving to pursue better work opportunities, to be closer to extended family, or for any other reason, you may need professional legal assistance to prove the intended move would be detrimental to your child’s needs and interests.
Getting a modification to your order is fairly straightforward from a procedural point of view, but the procedure can be emotionally draining for the parents involved. The party seeking a change in the court order needs to file a petition to the Concord, NC, family court. Their petition must include all appropriate paperwork and supporting documentation. The petitioning parent should be prepared to explain their proposed relocation in detail and argue why the move would provide their child with better opportunities than their current situation.
Once the court receives a petition for modification, a judge will review it to ensure all procedural requirements are fulfilled. If the petition is valid, the case proceeds to a hearing. During the hearing, the responding party and the petitioner can present evidence, explain their respective sides of the dispute, and submit testimony supporting their positions. The judge who oversees the hearing has the final say on the outcome.
If a parent submits a reasonable, necessary petition for modification, the respondent and the judge may see little reason to contest. The requested changes may be implemented with little argument and go into effect immediately. Conversely, the respondent may vehemently argue against the proposed modification, offering compelling evidence that counters the petitioner’s arguments. Depending on the scope and severity of the changes requested, a modification case may only require a single hearing, or the parties involved could face lengthier proceedings.
North Carolina state law imposes various requirements for relocation with a custody order. If you intend to relocate any substantial distance and want to take your child with you, you must not only notify your co-parent of your plans but also notify the court in advance of your move. Failure to do so could lead to severe penalties or even a criminal charge for parental kidnapping. If you are unsure whether your intended relocation requires notifying the court, you should consult an attorney and err on the side of caution.
If you are notified that your co-parent intends to relocate with your child, this can be very distressing for any parent. Promptly securing counsel from an experienced Concord move-away and relocation attorney can alleviate the stress of the situation and help you prepare your proceedings with greater confidence. Depending on the nature of your current custody order and your co-parent’s past actions, you could have several options for approaching the situation.
When it’s time for you to relocate, you must convince the court that your move would suit your child’s best interests. You may need to be willing to compromise on some aspects of your custody order. For example, your intended new address could be much farther from your co-parent, making your current custody arrangement untenable. You must provide suggestions for adjusting your custody terms to reflect the move. When you intend to fight a co-parent’s relocation request, you can either seek to prove the intended relocation would be detrimental to the child, or you can submit a counter-proposal. For example, you could make a compelling case that allowing your child to remain with you would benefit them more, and you could seek full physical custody.
Ultimately, every case is unique, and you could have multiple options for resolving your current relocation dispute. However, the emotional weight these cases often carry can make it very difficult to make objective and practical decisions. Working with an experienced Concord move-away and relocation attorney provides flexibility and reassurance when you need it most. The attorneys at The Law Offices of Aimee E. Cain offer compassionate and responsive legal counsel you can trust to guide you to a successful outcome to your relocation dispute.
If a parent relocates with their child and does not follow the appropriate legal steps dictated by their custody order, the parent faces severe penalties, including loss of their custody and visitation rights, increased child support obligation, fines, and prosecution for parental kidnapping. North Carolina takes child custody violations very seriously, and parents who violate their custody orders face severe long-term penalties.
If you are not bound by probation or any court order that prevents you from moving, you are free to move away from Concord if you see fit to do so. Moving and taking your child with you, however, is another matter entirely. First, the court must determine whether the child’s relocation would suit their best interests. Then, if you are determined to move, you must either prove that taking your child would benefit them more than their current situation or be willing to part with some of your custody rights, allowing the child to remain in their familiar environment with their other parent.
When parents with joint custody orders move but stay within close approximate range, there is typically no need to modify their custody terms. However, the court must approve their relocation if a custodial parent or a parent with joint custody intends to move any significant distance. This is especially true if their moving would prevent the other parent from exercising their parental rights and enjoying visitation time with their children.
If you currently have a joint custody order with a co-parent who intends to relocate, you could have more than one option for approaching the situation. You may present evidence and arguments that show the intended move would be unsuitable for the child’s best interests. Alternatively, you could work with your Concord move-away and relocation attorney to develop a compelling case for full custody, which would allow your co-parent to move as they wish. This allows your child to remain with you in a familiar environment.
Working with an experienced Concord move-away and relocation attorney can make a tremendously positive difference in the outcome of your relocation dispute. They advice is crucial, whether you intend to move and need an attorney to help prove the relocation would suit your child’s needs and interests or need a lawyer’s help to fight your ex’s proposed relocation with your child. Whatever your case entails, the right legal team can be an invaluable asset and is well worth the investment when you consider the long-term implications your case may have for you and your children.
The attorneys at The Law Offices of Aimee E. Cain understand the emotional distress that a child custody dispute can cause. However, those that pertain to proposed relocations tend to present even harsher emotional strains on the families involved, especially parents who fear losing time with their children. If you find yourself on either side of a relocation dispute in Concord, NC, discuss your case with our firm. Our team can provide the legal counsel you need to navigate the situation confidently. Contact The Law Offices of Aimee E. Cain today to schedule your consultation with a reliable Concord move-away and relocation attorney you can trust.