There are many circumstances in a child custody case that could result in conflict between unmarried parents. In addition to issues surrounding support or visitation, the question of relocating with a child can be one of the most contentious issues parents deal with. This is especially true when one parent intends to leave the state entirely with a minor child in tow.
If you are facing a potential relocation dispute, it is important to speak to a skilled child custody attorney about the state and federal laws at play. By doing so, you will know what you can do to prevent a relocation or how to operate within the law after the relocation. Working with a Kernersville relocation lawyer at Apple Payne Law will help you throughout the process.
If a parent has sole custody of a child or paternity has not yet been established, little is keeping a custodial parent from relocating. This includes taking the child outside of Kernersville or even removing them from North Carolina entirely.
The other parent could have some recourse, depending on the circumstances, even if they do not have a parenting plan in place. If a parent is in the process of relocating to another state with their minor child with the intention of evading the jurisdiction of Kernersville courts, it could be possible to secure an emergency custody order to prevent them from doing so. A relocation lawyer at Apple Payne Law could assist with these emergency orders.
While emotions can run hot when it comes to the relocation of a minor child, it does not always have to result in conflict. Both parents can be on the same page about allowing the custodial parent to relocate with the child.
Both parents have the right to try working together on these issues. If one parent wishes to move to another state and the other parent agrees, the courts will rarely raise any objections. Like with any custody issue, the court is required to consider if relocation is in the child’s best interest.
If a custody order is in place, this type of relocation requires a modification to the original order. If no custody order has been put in place yet, it could benefit all parties to formalize the agreement before relocation occurs. A competent attorney at Apple Payne Law in Kernersville can assist you in either situation.
Parents are under no obligation to consent to the other parent relocating with their child. It is possible to object to any attempt to relocate, although the court will place greater weight on some moves than others. For example, a judge will scrutinize a request to move out of the state more closely that a request to relocated elsewhere in the county. A proactive attorney with Apple Payne Law in Kernersville could make a case for or against a relocation serving the best interest of the child.
The prospect of relocation could be a major milestone in your life as well as the life of your child. Regardless of who is seeking the relocation—you or the other parent—it is important that you are advised by legal counsel.
A Kernersville relocation lawyer could help you review your options and make an appropriate decision. Call Apple Payne Law right away for more information.