Relocation can be a highly contested issue for parents following a divorce. In North Carolina, the courts cannot keep a custodial parent from moving out of the state after a divorce. However, the courts can stop the parent from removing a child from the state.
At Kennedy Law Associates, our Charlotte child relocation lawyers are here to represent you in a disputed child move-away after a divorce. We represent custodial parents who want to move, as well as noncustodial parents who are opposed to the relocation.
Factors Used to Determine Whether a Move Is Appropriate
The parent who has primary child custody has the burden of proving to the court that relocation is in the best interest of the child. Every case depends on the unique facts of the situation. Some of the factors that court is likely to consider include:
- The reasons the custodial parent is seeking the move
- The advantages of the new location for the child
- The sincerity of the noncustodial parent in opposing the move
- The likelihood a realistic visitation schedule can be arranged for the noncustodial parent
- The likelihood the custodial parent will comply with those visitation orders
In addition to the above factors, the court is likely to approve a move if the move is needed for employment or to be closer to a family support system, the move offers improved educational opportunities for the child, or if the ex-spouse is harassing the custodial parent. Our North Carolina family law lawyers will take a close look at your situation and will work hard to protect your parenting interests.
Call for a Consultation With a Ballantyne Child Custody Lawyer
If you are a custodial parent who is seeking a move, or if you oppose the parent of your child moving away, we may be able to help. Contact our Charlotte child relocation attorneys online or call 704-512-0619 to schedule an initial consultation to discuss your situation.