Divorce often raises many difficult issues and they do not necessarily disappear once the final decree is approved. One tough problem that may arise happens when one former spouse wants to relocate, which could affect the child custody or visitation rights of the other. An experienced Raleigh relocation attorney could help a person and their family reach an appropriate outcome.
People move frequently due to changes in careers or other aspects of life. However, this could make an existing child custody agreement complicated, as it may impact a custody or visitation rights. A skilled child custody lawyer could help address the concerns of different parties and potentially research legal solutions that may apply to the case.
Typically, if a move by one parent affects the other’s rights to see the children, the party who is moving may have to notify the other parent to get approval for the move. Parents who wish to move, even if the distance is relatively short, should and possibly may be required to provide the other parent with advance written notice. If the other parent objects, a “relocation hearing” could be required.
Family courts commonly consider a range of factors in relocation cases. These may include:
In family law matters involving minors, the “best interests of the child” will typically always be the paramount consideration. Any arguments for or against the move should generally consider that issue.
Sometimes, the custody order that is currently in place may already contain restrictions on a parent or legal guardian’s ability to move. It also may specify an advance notice period. Therefore, it is important to thoroughly review the custody provisions thoroughly to possibly identify what issues are already addressed.
As is often true in civil disputes, and particularly in family law matters, it may be better to reach an out-of-court agreement rather than enter a full court battle. Even then, however, it is generally important to get thorough legal advice from a knowledgeable Raleigh relocation attorney and make sure all aspects of the agreement are documented in writing.
Being flexible in these negotiations could be useful. For example, if a relocation is going to impose increased travel expenses for the non-custodial parent, perhaps a reduction of monthly child support payments could be used to reach a new balance.
If the parents agree on a relocation plan, they could formalize their views in a new custody agreement and get the court’s approval. The new agreement typically should spell out all crucial matters, including visitation dates and transportation expenses. Unless the judge sees some reason to question it, the new custody arrangement will usually become binding for both parties.
The emotional stakes are often high in any legal disputes that involve parents and children. A Raleigh relocation attorney understands that you want to make the best decision for your family and your children and are ready to help.
Call today to schedule a consultation. A seasoned lawyer could listen to your side of the story to help you take steps to reach a solution that is best for you and your family.