Factors that court considers in North Carolina relocations

May 04, 2013

Factors that court considers in North Carolina relocations

Article provided by The Law Office of Matthew T. Marcellino, PLLC
Visit us at http://www.mtmlawfirm.com

Child custody matters are often some of the most difficult cases that courts need to address. When the parents are unable to come to a decision that allows each to spend time with the child, the court will need to step in and determine the child's best interests. This can be a very emotional time for both the parents and children, often leading to arguments between the parties.

Once the court enters an order on child custody, it can be difficult for the parents to make any changes. Under North Carolina law, prior child custody and visitation orders can only be modified if the party can show a significant change in circumstances. These changes must have an impact upon the child's best interests in order for the modification to be considered necessary.

One reason for modification may be the relocationrequest of one of the parents, perhaps because he or she is considering job opportunities that may be out of state. In order to be able to move with the child, the parent may need to get the court's permission.

Prior North Carolina court cases have listed some factors that may be considered when one of the parties wishes to relocate with the child. These factors include:
-Whether the move will positively improve the child's life
-The reason that the parent wishes to move
-The ability of the non-relocating parent to still spend time with the child
-The reason the non-relocating parent is contesting the move
-The parents likelihood of complying with the custody and visitation order in the future

The court will examine each request to determine the child's best interests. If it allows the relocation, the parties will have to follow the court's order. This can lead to both parties being upset, because neither side may get everything that they want. It could create less time with the child for one parent, which might make it more difficult to remain involved with the life of the child.

If you have questions about a relocation matter, speak to an experienced family law attorney about your specific situation. These cases will often require a careful review of the facts to determine the options that may be available to each side.

You need someone who can explain these issues to you, so that you understand exactly what is happening. These are very complex cases, and it can be difficult to remove the emotions that often accompany these matters. An attorney can help you focus on what is most important, which is continuing to be able to spend time with the child.