Jacksonville Criminal & Family Law Attorneys
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Can I Move The Children Out Of State?

The question of whether you can move the children out of state is a question that many parents struggle with today. Our society is much more “mobile” than we were a few decades ago. Parents change jobs and relocate more often requiring them to move the children out of state. For example, if your employer offers you an excellent opportunity to advance in the company and earn substantially more money, the question of whether to move the children out of North Carolina may seem easy; however, in a divorce, very seldom are things easy.

The child custody attorneys of Welch and Avery understand the delicate balance that single parents must maintain with the children’s other parent in order to keep the peace and do what is in the best interest of their children. However, when the question of moving out of state arises, you need the experience and knowledge of seasoned family law attorneys. If you are considering a move out of state, contact our office to discuss your legal rights to move the children out of state.

Moving the Children Out of State Without a Custody Order in Place

If there is not a custody order in place, parents share joint legal custody of their children regardless of whether they are married or not. Therefore, while it may not technically be a crime to move the children out of state without discussing the decision with the other parent, you need to consult with our office prior to the move. The court could issue an Emergency Order requiring you to return the children to North Carolina if the other parent contests the move out of state. It is better to address the matter head-on rather than face moving your children back to North Carolina until the matter can be resolved by the court.

In addition, moving your children out of state without consulting with the other parent, even if there is no custody order in place, could be viewed negatively by the court.

Petitioning the Court to Move the Children Out of State

If a custody order is in place, you must petition the court to obtain authority to move the children out of state. When a parent contests a move out of state, the petitioning parent must prove to the court that the move is in the best interest of the children. This can be a complex undertaking requiring the expertise of a skilled custody attorney.

The family law attorneys of Welch and Avery have extensive experience in all matters related to child custody. If you are considering a moving your children out of North Carolina, we strongly recommend that you consult with our office immediately (and prior to taking any steps to move the children out of state) to discuss your legal rights and your legal responsibilities to your children’s other parent.

Contact an Experienced Jacksonville Custody Attorney

“Attorneys Who Aggressively Protect Your Rights”

The child custody attorneys of Welch and Avery focus on getting you the results you want while protecting your rights and the best interests of your children. We understand that your children are the most important people in your life; therefore; our attorneys aggressively defend your parental rights in court. When you need an experienced North Carolina custody attorney, you want an attorney who has the experience to get results. We are those attorneys.

We represent clients throughout Duplin County, Onslow County, and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.

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