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How Does Relocation Affect Child Custody?
When parents decide to divorce, the welfare of their children becomes paramount, which is the reason family courts establish custody and parenting plans. The agreements are legally binding and tailored to uphold the children’s best interests by ensuring they continue spending quality time with both parents despite the separation.
Since child custody agreements are designed to provide stability for the children, relocation by either parent can be significantly upsetting. It can limit the children’s ability to maintain a strong bond with both parents. A family law attorney in Mecklenburg County says it’s crucial to seek legal counsel on what to do about an existing child custody order before relocating.
Jurisdictional Challenges of Relocation
Relocation by one parent can create complex jurisdictional challenges, especially if the relocation is to a different state or country. Due to geographical boundaries, such a move undermines a court’s authority to make legal decisions and judgments related to the custody order.
A child custody and visitation lawyer in Charlotte explains that a move introduces a new jurisdiction with different laws and procedures, which may conflict with the rules under which the custody order was established. Enforcing the order under these circumstances can be complicated.
It’s vital to understand which court can hear a relocation case if you’re considering moving. If you’re the non-custodial parent and the custodial parent seeks to relocate, the family court in Mecklenburg County retains jurisdiction over the custody order. If the other parent has relocated and established residency elsewhere, jurisdiction moves to the court in a new location.
Given the tug-of-war that can arise, proceedings can be delayed, adding stress for everyone involved. Navigating these jurisdictional challenges can be complex, so ensure you seek the guidance of an experienced family law lawyer in Mecklenburg County.
What Does the Law Say About Relocation in Relation to Child Custody?
When one parent wants to relocate and the relocation will significantly impact the children’s relationship with the other parent, they must follow some legal procedures. They should review the custody order and check how relocation will affect their ability to comply with it. Notifying the other parent of the relocation is crucial if it significantly affects the order.
If both parents are amicable about the relocation, they can modify the order to accommodate the changes. It’s important to undertake this process with the help of a skilled legal expert to avoid mistakes that could violate the order. The agreement must be submitted to the court for the judge’s approval.
Generally, once custody is established, parents can’t modify the order unless:
- They can prove a substantial change in life events, such as a new employment opportunity that enhances a parent’s financial capacity to care for the children. However, remarriage doesn’t necessarily constitute a substantial change in circumstances.
- The relocation or change in the custody order would be in the child’s best interests.
Once the court determines a material change in circumstances, it will consider whether modifying the order would be in the child’s best interests. As a parent fighting for the most favorable outcome, it would be in your best interest to retain the services of an experienced Charlotte child custody and visitation attorney.
What Factors Do Judges Consider When Deciding a Relocation Case?
Parents may not always be amicable about relocation, and the non-moving parent can file a motion to modify the custody. The court will review the motion and schedule a hearing to review evidence and reasons for adjusting custody. The following factors will determine the outcome:
- The likelihood that the moving parent will adhere to the visitation orders
- The children’s bond to their current home, school, and community
- The benefits of the relocation to the children such as better quality of life and available educational opportunities
- The reasons for the relocation and whether it is in good faith
- Whether the relocation affects the visitation plan, and whether it’s possible to establish a realistic visitation schedule with the non-relocating parent
Courts must carefully consider the children’s well-being in relation to the move. While a court can’t limit a parent’s movements, it can order that the children remain with the other parent, depending on the case specifics. A parent who relocates without consideration for these factors risks facing legal consequences.
What Are the Consequences of Relocating Without Modifying a Child Custody Order?
Even if a parent has no formal custody agreement, they still need relocation approval. The Uniform Child-Custody Jurisdiction and Enforcement Act stipulates that you can petition the court to have your co-parent return your children to the state, provided it’s the children’s home state.
A Charlotte child custody and visitation lawyer says a parent who relocates without notifying the other parent or seeking court approval risks the following legal consequences:
- Charges for contempt of court
- Criminal charges for custodial interference
- Loss of parental rights in extreme cases
A Skilled Family Law Attorney Helping You Understand Child Custody and Relocation Laws
Child custody agreements are legally binding, and compliance is vital to avoid various legal consequences. When relocating, a parent should consider how the move will affect the child’s ability to interact with the other parent or interfere with the visitation schedule. A family law attorney in Mecklenburg County says it’s crucial to seek the court’s approval before moving.
Whether you want to relocate or your co-parent intends to relocate with the children, the legal team at the Law Office of Jana K. Jones, PLLC, can review your case circumstances and advise you accordingly. The best interests of your children are paramount, and our lawyers can help you evaluate various factors for a favorable outcome. Call us at 704-275-0951 to schedule a consultation.
