North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Here, you’ll find answers to frequently asked questions on moving with your children from North Carolina.
If you can relocate and still follow the child custody schedule as spelled out in your separation agreement, then you can go ahead and move. If relocating will make the child custody schedule difficult or impossible to follow, then you should seek a change to the custody terms before you relocate. Otherwise, if you were […]
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Refer to your separation agreement about amendments to the agreement. Most separation agreements allow for the terms to be modified if in writing and both parties’ signatures are notarized. This means both you and the other parent have to agree to the new terms. Some separation agreements include special modification provisions in the child custody […]
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For long-distance situations, one parent usually has primary custody and one parent usually has significant vacation and holiday time. Each case is different, but the non-custodial parent can usually expect significant visitation time in the summer, during holidays, and some weekends depending on how far apart the two parents live.
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You don’t have to get court approval first, but if your relocation would cause you not to be able to follow your current custody order, then you should get court approval. If approved, a new custody schedule will likely be ordered. If you relocate first, you may open yourself up to the other parent filing […]
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You will need to have your court order modified. In order to do so, you would need to file a motion to modify the custody order. You and the other parent may be able to return to custody mediation. Otherwise, there will be a court date in which both you and the other parent will […]
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If your ex relocates with your children, the custody terms have not been modified, and the current schedule can no longer be followed, then you can file a breach of contract lawsuit against your ex (if the terms are in a separation agreement) or a contempt motion, called a motion and order to show cause […]
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In a modification hearing because of a relocation, the judge will be looking for two things: (1) that a substantial change in circumstances affecting the wellbeing of the children has occurred, and (2) that changing the custody order will be in the best interests of the children. If both of these cannot be proven, then […]
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