Relocating—especially to another state or a distant location—is challenging under normal circumstances. When you share custody or the other parent has visitation rights, the process becomes even more complex. A Gastonia relocation lawyer could help assess your legal position and work toward a resolution that accounts for your child’s best interests.
Speak with one of our talented child custody attorneys today about your situation during a free consultation.
A major relocation can have a significant impact on visitation schedules and custody arrangements. When parents arrive at an agreement on their own, they can often simply modify the existing agreement. On the other hand, when the parents cannot arrive at an agreement, a Gastonia relocation attorney could step in to protect their rights.
Legally, the moving parent will have to notify the other parent about their intent to move the child. They may need to give adequate notice based on the terms of the divorce agreement or based on state laws. According to those laws, the moving parent must provide at least 30 days’ notice if they intend to move more than 50 miles away from the other parent. A relocation lawyer in Gastonia could ensure that the moving parent completes all necessary steps.
Even a parent who has primary custody will need either court approval or written permission from the noncustodial parent. That includes a Motion to Modify the existing child custody arrangement, if needed. A lawyer can provide more advice about what paperwork needs to be filled out and when and how to file it.
Often, parents will negotiate to find an arrangement that fits their needs, even when one parent intends to move. A dedicated attorney can offer advice about those agreements and solutions that other families may have used in the past, including navigating holidays and vacations.
Courts base all custody and visitation decisions on the child’s best interests, not the preferences of either parent. While a parent may seek relocation for reasons such as employment, the move may not align with what best serves the child. If the other parent contests the relocation, the court evaluates the circumstances and considers the child’s long-term needs before making a decision.
That may include a look at:
By evaluating those factors, the court can arrive at an effective decision regarding what will best represent the child’s needs.
If you are planning to move, even if you have primary custody of your child, you will need consent from the child’s other parent or from the courts. While navigating that process can be time-consuming and complex, especially if the other parent fights the arrangement, proceeding correctly can prove essential in protecting rights on both sides. A Gastonia relocation lawyer could help ensure that you proceed correctly and legally as you plan your move. Contact us today to discuss your next steps or to get help with your move.
