Helping You Navigate The Fine Line Between Moving And Kidnapping
In legal terms, moving a child out of state is called “relocation,” regardless of the reason. A parent may take a new job out of state, remarry or need to leave North Carolina to take care of a sick family member and want to take the children with him or her. Whether you are allowed to take your children with you when you move out of state depends on the specific language in your child custody agreement.
Often, parents going through a divorce will create a separation agreement that details each parent’s right to custody or visitation. An experienced child custody lawyer can help you make sure your agreement contains the necessary language to allow you to move out of state.
Moving Out Of State When A Separation Agreement Dictates Custody
A separation agreement that details who has custody and who has visitation rights probably won’t work when either the mother or father moves outside North Carolina. You may be able to agree to a modification of the parenting arrangement that allows you to move your children out of state with the consent of your ex-spouse. Or, you may need to file for child custody to ask the court for permission to move out of state.
Moving Out Of State When A Custody Order Dictates Custody
If you have a court-ordered custody arrangement, you may need to request a modification of that court order to move out of state with your children. You should review the language of your custody arrangement with a relocation attorney to fully understand what you can and can’t do under the existing order before trying to modify it.
Daly Mills Family Law: Helping You Protect What’s Yours
If there is no custody order and no separation agreement governing the custody and visitation arrangements you have with your child’s other parent, you may still need to consider whether moving out of North Carolina could be considered kidnapping or child abduction. Contact our firm online or call our Statesville office at 866-575-2011 to schedule a meeting with one of our experienced family law attorneys. We can discuss your situation and help you determine the best option for moving out of state.