Changing Custody After a Parent Relocates

Parental relocation is a common issue facing North Carolina family courts making child custody determinations.

2012-08-22

August 22, 2012 (Press-News.org) After a divorce, parents may find themselves having to look for a new job or just wanting to get a fresh start. In an increasingly mobile society, some parents choose to, or are forced to, relocate. In North Carolina, when a parent wishes to relocate before an initial custody determination or plans a move that would require a change in the terms of an existing custody agreement, he or she will need either the court's approval or the agreement of the other parent. The family court judge will consider whether a modification is warranted or if relocation is allowed in an initial custody determination to protect the child's best interests.

Substantial Change in Circumstances

In order for the court to approve a change of the current custodial arrangement, the parent seeking the modification must show that there has been (or will be) a substantial change in circumstances from the time the original custody agreement was filed. North Carolina courts have repeatedly found that relocation alone is not necessarily enough to meet the substantial change in circumstances threshold.

Sometimes, however, when the custodial parent moves, the child is disproportionately affected; those effects might warrant a custody modification. For example, when the move pulls an ill child away from his or her physicians or other medical providers, the move itself will likely be considered a substantial change in circumstances. The same is true when a child is moved away from all of his or her extended family.

Best Interests of the Child

Once the parent seeking the modification of an existing custody agreement (or to relocate prior to an initial custody determination) has shown that there is a substantial change in circumstances (or that relocation is warranted before the initial custody arrangement has been finalized), the court must analyze whether the new agreement is in the best interests of the child. The court considers many factors when making a determination of what is in the best interests of the child. These factors include:
- The moving parent's motive for relocation
- Whether the relocation will improve the child's life
- The likelihood that a realistic visitation schedule can be made and will be complied with under the circumstances
- The motive of the parent challenging the modification

North Carolina parents dealing with the relocation of a child should consider contacting a family law attorney to determine what their rights are and how relocation will affect the current custodial arrangement.

Article provided by Breeden Law
Visit us at www.breedenlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Distracted Driving Threatens Highway Safety

2012-08-22

Summer time is particularly enjoyable for the average teen. School is out and many teens don't seem to have a care in a world. However, a report recently released by the U.S. Substance Abuse and Mental Health Services Administration notes that during the summer time teens are at a heightened risk of engaging in distracted driving. The report recognizes that summer is a dangerous and experimental time for teens; stating that more than 11,000 teens try alcohol for the very first time and another 4,500 will experiment with marijuana during their summer vacation. These risk ...

Connecticut Universities Taking Action to Fight Campus Pedestrian Accidents

2012-08-22

Texting. Talking. Emailing. Tweeting. Changing songs on an mp3 player. Blasting music through headphones. All of these activities are par for the course for the average college student walking to and from class. Unfortunately, being distracted while walking alongside busy streets can be a recipe for disaster. Failing to pay attention to traffic signals, not hearing the honks of drivers passing by, jaywalking and stumbling off curbs into traffic can all get pedestrians injured or even killed. When faced with data provided by the National Highway Traffic Safety Administration ...

Foreclosure Starts on the Rise in Minnesota and Nationally

2012-08-22

Plenty of Minnesotans have had to add foreclosure risks to their list of financial troubles in recent years. Fortunately, many have stopped foreclosure by filing for Chapter 13 bankruptcy and taking charge of their financial future. But foreclosure numbers have continued to rise in Minnesota and elsewhere. According to a new report from the mortgage processor Lender Processing Services, initiation of sheriff's sales in Minnesota rose 10 percent between May 2011 and May 2012. That's slightly below a national increase in foreclosure starts of almost 12 percent. Foreclosure ...

Drowning the Leading Cause of Death for Children Under Five

2012-08-22

Swimming pools are a popular place for kids of all ages to spend their summer vacations. Drowning, however, is a real concern, especially for small children. In fact, it is the leading cause of death among kids ages one to four. Drowning Prevention There were about 3,500 accidental drowning deaths per year between 2005 and 2009. This amounts to approximately 10 lives lost each day. Even more tragically, children account for about 20 percent of those deaths. There are many ways to keep children safe at the swimming pool, including: - Put barriers around pools to ...

Report Shows Car Crash Deaths Lower in Urban Areas

2012-08-22

Massachusetts residents are more than familiar the problems caused by heavy traffic. They know it is not easy to operate a large machine made of metal and plastic around at high speeds. A new report released by the National Center for Injury Prevention and Control, reveals that car crashes remained a leading cause of death in the United States in 2009. In terms of numbers, they accounted for approximately 34,485 deaths. Additionally, the report found that densely populated urban areas have lower death rates from car crashes than rural areas. Given this fact, it is ...

Pay Violations on the Rise; Employees Fight Back With FLSA Claims

2012-08-22

Claims against employers for failure to meet minimum wage and overtime pay laws are on the rise. According to the American Bar Association, the filing rate of federal fair wage cases increased more than 13 percent in the first nine months of 2010 alone compared with the same period in the previous year. And the rate has continued to increase. The Bureau of National Affairs reports that for the year-long period ending March 31, 2012, these suits reached a record annual total of 7,064 federal filings. These lawsuits are based on the Fair Labor Standards Act, or FLSA, ...

Malfunctioning Fireworks Cause Severe Injuries to Man in Florida

2012-08-22

Fireworks are supposed to be fun and entertaining. Unfortunately, a recent fireworks show at the Pasco County, Florida, fairgrounds ended with the injury of one of the workers who was setting off the display. A faulty mortar exploded near him, leaving him with severe injuries to his face and hands. When even experienced, trained professionals can be hurt while using fireworks, it is imperative for everyone to be aware of the dangers of fireworks. Fireworks Injury Statistics According to the Consumer Products Safety Commission, an alarming number of fireworks injuries ...

Sundance Channel Reality Show Shines Light on Living With Paraplegia

2012-08-22

Living with disabilities such as spinal injuries, fibromyalgia, multiple sclerosis and other conditions that affect mobility means constant challenges to leading a "normal" life. American popular culture tends to push these images aside, despite the fact that millions of us face disabling pain or mobility problems every day. A new reality program on the Sundance Channel, "Push Girls," looks at the lives of four women who use wheelchairs for various reasons. The cast includes: - Tiphany Adams, who suffered a spinal injury in an accident caused by ...

Latest Texas Motorcycle Accidents Statistics Reveal High Fatality Rate

2012-08-22

Public service announcements regularly remind us that motorcycle accidents in Texas pose serious threats for bikers and passengers alike. Whether the bike slides off the road during an evasive maneuver or is struck side-on by a driver who failed to see a stop sign, head injuries and spinal damage can lead to lifelong challenges for injury victims. According to the latest statistics from the Texas Department of Transportation, more than 479 people were killed in motorcycle accidents in Texas in 2011, including 30 passengers. Nearly 6,000 bikers and passengers suffered ...

Chapter 7 and 13 Bankruptcy Considerations for Florida Filers

2012-08-22

Bankruptcy can provide relief to individuals buried in all sorts of debt, including consumer loans, mortgages and car loans. Since these debts are dealt with differently, depending on what type of bankruptcy for which a filer is eligible, filers should carefully review their debt situation with a lawyer. The Difference Between Secured and Unsecured Debt There are two different types of debt: secured and unsecured. Secured debt is debt backed by physical collateral, like a house or a car. This means that creditors are able to repossess property if someone defaults ...

LAST 30 PRESS RELEASES:

Meta-analysis finds Transcendental Meditation reduces post-traumatic stress disorder (PTSD) symptoms across populations and cultures

AACR: Five MD Anderson researchers honored with 2025 Scientific Achievement Awards

How not to form a state: Research reveals how imbalanced social-ecological acceleration led to collapse in early medieval Europe

DDT residues persist in trout in some Canadian lakes 70 years after insecticide treatment, often at levels ten times that recommended as safe for the wildlife which consumes the fish