Child Custody Relocation

Learn about laws pertaining to Child Custody when the custodial parent plans on relocating.

Can I move before modifying child custody?

Can I move before modifying child custody?

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 to relocate and then miss a scheduled drop-off with the...

Read More


If I need to move, how can I change my custody arrangement?

If I need to move, how can I change my custody arrangement?

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 section.  Usually this includes a requirement that any changes to...

Read More


What custody schedules can long-distance parents use?

What custody schedules can long-distance parents use?

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.


Do I have to get court approval before relocating?

Do I have to get court approval before relocating?

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 a contempt motion against you.  And if you take the...

Read More


If I need to relocate, how do I change a court ordered custody arrangement?

If I need to relocate, how do I change a court ordered custody arrangement?

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 testify and present evidence about the relocation.  The judge will...

Read More


What do I do if my ex relocates with our children?

What do I do if my ex relocates with our children?

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 (if the terms are in a court order). You can...

Read More


What is the judge looking for in a modification and relocation hearing?

What is the judge looking for in a modification and relocation hearing?

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 the judge will not grant a motion to modify the...

Read More


What can I do if my ex wants to move with my kids?

In this video, divorce attorney Lisa Angel talks about what to do if your ex-spouse wants to move out of state – and take your children with them.   Hi. I’m Lisa Angel. In this video we will talk about the laws regarding your rights to child custody in North Carolina. When going through a divorce, it’s hard enough having to adjust to life without your...

Read More


How do I modify my custody order?

How do I modify my custody order?

In this video, divorce attorney Lisa Angel discusses all of the necessary steps you’ll need to take in order to modify your child custody agreement. Hi. I’m Lisa Angel. In this video, we will talk about the laws regarding modifying your child custody agreement to allow for relocation in North Carolina. If you decide to move after you and the other parent have already finalized...

Read More


Moving Out of State With Your Children

Moving Out of State With Your Children

In this video, divorce attorney Lisa Angel talks about how you can move out of state after your divorce and keep custody of your children.   Hi. I’m Lisa Angel. In this video we will talk about the laws regarding child custody and relocation in North Carolina. When a custodial parent relocates, it can wreak havoc on the family, especially if it means the child...

Read More



Page 1 of 3123

[i]
[i]
[i]
[i]