Author: Myers Law Firm

Child Custody Attorney

Can I Move Away With My Child During a Custody Case?

Divorce is difficult on the entire family, but children are often affected the hardest. If you are a divorced or separated parent and are considering relocating with your child, you should know that you might not be allowed to move, especially if the court decides the relocation is not in the child’s best interest.

If you are moving a relatively short distance or the move will not affect the current custody arrangement, the move should not be an issue. However, to move your child out of the state or a considerable distance within the state, you will need either an agreement with the other parent or court approval. If you have questions about whether you need to get approval to move or if you need help convincing a court that you should be able to relocate with your child, you should speak with an experienced family law and child custody attorney.

In this article, we’ll highlight a few key custody terms and discuss how a court will determine whether a custodial parent can move with their child.

5 Key Child Custody Terms

Child custody can be complicated, so before you dive into whether you can relocate with your child, make sure you understand these five custody terms.

  1. Primary Custodial Parent: The parent who has primary physical custody of the child — meaning the child lives with that parent most of the time.
  2. Legal Custody: The right to make decisions for the child that have lasting or more long-term significance, such as decisions about education, religious practice, and healthcare.
  3. Joint Custody: Both parents have relatively equal physical and/or legal custody of the child.
  4. Visitation: The time the child spends with the parent who does not have primary custody, as outlined in the custody agreement.
  5. Relocation: The custodial parent is seeking to move away with the child — either out of state or a certain distance away.

RELATED ARTICLE: 5 Child Custody Myths, Debunked

What Determines Whether I Can Relocate With My Child?

If you are trying to move your child out of state or a significant distance away and cannot reach an agreement about the relocation with the other parent, the court has the right to determine whether you can move. There are often advdantages and disadvantages regarding the relocation of a child during a custody case. So, if the advantages outweigh the disadvantages, the court will likely permit the move.

The court will have to determine whether, in the judge’s opinion, the move is in the best interest of the child. In a move-away case, there are a variety of factors the judge will consider when making this determination, including:

1. What are the advantages of the relocation in terms of improving the life of the child?

This factor looks at how the move will make life better for the child. Examples may include moving closer to the parent’s family so there is a better support network, whether the schools are substantially better in the new location, or if the weather in the new location might help a chronic health problem the child has.

2. What are the motives of the primary custodial parent in seeking the move?

Sometimes, a parent will attempt to move out of state to avoid court rulings or to make visitation more difficult. These are certainly negative reasons to move, and the court will not look favorably on them. However, if you have a legitimate reason to move, such as for a new job, safer neighborhood, or better school district, your motives will be viewed as having a positive impact on the child.

3. What is the likelihood that the primary custodial parent will comply with visitation orders?

Depending on how far you are trying to relocate, visitation could become difficult. A visitation and travel agreement will need to be worked out with the other parent. The court will consider how likely you are to comply with the visitation agreement and assist the other parent with their visitation rights and arrangements.

4. Does the noncustodial parent have a reason to resist the relocation?

Sometimes a noncustodial parent may have legitimate reasons to resist the child’s relocation. If the noncustodial parent has a concern about how the relocation will affect the child or their relationship with the child, they will likely hire an attorney to help them present a strong argument against the relocation. You should always keep the child’s best interests in mind, but if you believe the noncustodial parent would be wrong to resist the relocation, hire an experienced family law attorney for help supporting your move.

5. Will the relocation significantly weaken the noncustodial parent’s relationship with the child?

Another reason a noncustodial parent may oppose the relocation is if they are concerned that it may have a serious effect on their relationship with the child. The stress and hassle of long-distance visitation and travel arrangements can make visits less frequent, shorter, and less enjoyable. If the relocation is likely to have such a negative effect on the relationship between the noncustodial parent and child, the court may deny the request. In this case, it is important to prove to the court that you will do whatever is necessary to help the noncustodial parent foster their relationship with your child.

The judge should consider all the factors outlined above, and no one factor trumps the others. There may also be other factors to bring up when considering a move or opposing a move, depending on the facts of your case.

Myers Law Firm: Experienced Family Law and Child Custody Attorneys

Not sure if you need permission to relocate with your child? Contact Myers Law Firm to discuss your custody and relocation options. Our experienced family law and child custody attorneys will help you understand your rights and options.

Call today at 1-888-376-ATTY (2889) or complete this brief online form for your free consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Compensation Explained: What Can I Receive From My Injury Case?

Have you been injured in a car crash or another incident where someone else’s negligence is to blame? If so, you’re likely wondering about the benefits of filing a personal injury claim and what compensation you might be entitled to receive.

Accurately calculating compensation in an injury case is a complicated process that depends on many factors, so it often requires the expertise of a personal injury attorney. Some of the relevant factors include the extent of your injuries and the nature of the negligent person’s behavior.

We’ll discuss these factors in more detail later in this article, but for now, we’ll start by talking about the three types of compensation you could receive from a personal injury case. Continue reading “Compensation Explained: What Can I Receive From My Injury Case?”

Personal Injury Claim

No One Got a Ticket in the Crash — Can I Still File an Injury Claim?

Tickets and police reports can be useful evidence for supporting a personal injury claim and proving the other driver was at fault for your car crash. But what if a ticket wasn’t issued? Does this mean you can’t file? The short answer is no. A lack of a ticket does not mean a lack of fault.

If you were in a car crash and neither you nor the other drivers received a ticket, you can still file a personal injury claim if the other driver caused the crash. While proving fault does not require that a ticket be issued, working with a skilled and experienced personal injury attorney can increase your chances of recovering compensation for your injuries.

Keep reading to learn more about why the police might not have issued a ticket, how this will affect your personal injury claim, and how to prove fault. Continue reading “No One Got a Ticket in the Crash — Can I Still File an Injury Claim?”

Child Custody Myths

5 Child Custody Myths, Debunked

In 2015, more than a quarter of all children under 21 years of age had a parent living outside of their household, according to data from the U.S. Census Bureau. Whether the parents were divorced or separated, many of these arrangements involved formal or informal child custody agreements.

There are a lot of misconceptions and myths about custody cases, due in large part to the fact that child custody agreements and rulings depend on factors specific to each situation. Dealing with child custody issues can be a very emotional and complex process, so it’s important to understand some of the common myths before you get started and work with a family attorney to better understand your options.

Continue reading to get a quick overview of typical custody considerations and learn about five child custody myths you shouldn’t believe. Continue reading “5 Child Custody Myths, Debunked”

Hit-and-Run Crash

What Should I Do After a Hit-and-Run Crash?

After a car crash, responsible drivers stop and collect information from each other, report the accident to the police, and call for medical help if necessary. But what happens if the other vehicle drives off?

According to the AAA Foundation for Traffic Safety, more than 10% of car crashes reported to the police are hit-and-runs. If you’ve been the victim of a hit-and-run car crash, it’s understandable that you would be confused about what to do next and how to recover compensation for your injuries. After all, how do you file a personal injury claim if you don’t know who is responsible for your injuries?

One of the most important things to understand about a hit-and-run crash is that you should treat it much the same as a regular crash. Although there might not be someone for you to identify as the at-fault party, you will still need to prove that you were not at fault and deserve compensation. Contacting an experienced attorney will greatly increase your chances of obtaining compensation for property damages and medical expenses from a crash where the other driver is unidentified.

Keep reading to learn what to do if you’ve been in a hit-and-run car crash. Continue reading “What Should I Do After a Hit-and-Run Crash?”

Divorce Books

6 Books That Can Help You Get Through a Divorce

Everyone processes stress and grief differently. When going through a rough divorce, talking to friends and family or seeking professional advice can be a huge help. But for those who enjoy sitting down and relaxing with a good book, reading can be another effective coping strategy.

In this article, we recommend six books that provide empathy, advice, and humor to help you get through your divorce. Continue reading “6 Books That Can Help You Get Through a Divorce”

protect online privacy during divorce

Remember to Protect Your Online Privacy During a Divorce

A divorce can take an emotional and financial toll, regardless of who initiated the separation in the first place. And while it’s only natural and healthy to seek advice and emotional support during your divorce, it’s important to only do so privately with friends and family whom you can trust not to betray any sensitive information to your spouse — and even with them, you need to be careful.

Your online accounts contain all sorts of information that could be potentially used against you during divorce proceedings, which is why preventing your spouse from making unwanted intrusions into your sensitive online information is critical during a difficult divorce. And it’s also not unheard of for an angry, vindictive spouse to resort to identity theft to try and punish their ex.

Speak with an experienced divorce attorney for help maintaining the integrity of your online accounts, or continue reading for some helpful tips to get you started. Continue reading “Remember to Protect Your Online Privacy During a Divorce”

Auto Insurance

9 FAQs About North Carolina Auto Insurance, Answered

After an accident, your first instinct might be to turn to your insurance company for help, but their priority is to maximize profits — not compensate you for your injuries and losses. Some states, like North Carolina, have policies and laws that complicate this insurance process even further and provide additional ways for insurance companies to avoid paying full compensation. Rather than turning to your insurance company, you should speak with an experienced personal injury lawyer immediately after your accident to discern if you have a valid claim.

Here’s what you need to know about North Carolina auto insurance policies and processes to keep you and your family safe on the road. Continue reading “9 FAQs About North Carolina Auto Insurance, Answered”

evidence in personal injury case

How an Attorney Can Help Preserve Evidence in Your Injury Case

A successful personal injury case begins and ends with good evidence. When you need to prove that someone else’s negligence caused your injuries, it’s evidence that proves your lack of fault and the other party’s liability.

However, the process of investigating the causes of your injuries and collecting evidence can be time-consuming and exhausting, especially if you’re still injured and recovering. Fortunately, a personal injury attorney can help you through this process.

Keep reading to learn about evidence collection in personal injury law and find out how an attorney can take on the hard work of preserving the evidence in your case.
Continue reading “How an Attorney Can Help Preserve Evidence in Your Injury Case”

How Does Divorce Affect Business

How Will My Divorce Affect My Business?

Getting divorced is difficult for everyone, but it becomes even more complicated for business owners. Between understanding what property is subject to division and protecting your assets, there are numerous legal issues to consider when facing a divorce in North Carolina. Fortunately, there are measures business owners can take to protect their business in the event of a divorce.

Keep reading to learn more about your options. Continue reading “How Will My Divorce Affect My Business?”