Are you separating but want to put your children first? This collaborative practice minimizes the stress and fighting. Tyler Niblett’s goal is to reach a solution to help every one gently turn the page, without expense and stress of the court system.

Turning the page collaboratively asks both parties to take an active role in their divorce and child custody. In North Carolina, our courts require mediation of child custody. Our job at the Neece Law Firm is to try to resolve and mediate issues before the parties ever file law suits. Working collaboratively allows both parties to keep the details out of court filings. We cannot promise that it will make an easy divorce or an easy child custody case.

We can promise that we will do our best at the Neece Law Firm to soften the stress and put your family first.

The collaborative approach is not the same as mediation. In mediation, you have a third party who is going to be helping you work through these issues. In a collaborative approach, you both can be represented by an attorney. However, both attorneys must agree to a collaborative approach by signing a commitment. The commitment would entail that if the two parties decide to go forward with litigation, both attorneys will withdraw and not proceed forward.

This commitment keeps people in the room in several ways. It keeps attorneys pushing for compromise. It also retains the client’s interest in coming to an agreement because if they do not, they will lose the attorney they have already committed to and worked with. Thus, the process is designed to keep all parties honest and minimizes contention by taking away confidence in the ability to threaten the use of the court. Without the pressure of court involvement, it’s much more likely for people to resolve their issues based on what’s best.

There are also no mediator fees with collaborative divorce. If clients opt for it, they can also hire an expert to advise them precisely on what their assets and debts are. The parties can then jointly share this expense. While advisable to share the costs of experts, it is not necessary. Additionally, there are no deadlines for collaborative divorce. Mediation occurs on a single day or series of days, and it is often challenging to find a compromise after only one meeting. With collaborative divorce, sessions can be split up over time, so separation talks feel less pressured.

Do Both Or Either Parties Need Attorneys In The Collaborative Model?

The short answer is no. The long and nuanced answer is that it is tough to accomplish a collaborative divorce without two attorneys. Without an attorney, an unrepresented party would write a statement clarifying they understand that they’re representing themselves. Therefore, it can be done. However, it doesn’t have the same force and effect. The driver of divorce collaboration is maintaining the parameters around it. When there’s only one attorney in the room, the unrepresented party doesn’t have the pressure of losing their attorney. An attorney in North Carolina shall not represent both parties on opposite sides of a dispute. Without the second attorney present, it can be confusing as to whether the unrepresented party is getting legal advice or not.

How Can The Collaborative Process To Divorce Save Your Clients Time And Money?

Litigation is expensive and opposing parties can utilize rules and procedures to drive up that cost. Just because you have an attorney that is money conscious, doesn’t protect you from a multitude of discovery requests, depositions, or anything they can do to fight you. As litigation continues and expenses rise, your case may result in court-ordered mediation for the purpose of equitable distribution. If so, you will then have to pay a third party on top of your attorney for any time spent in mediation. Not to mention, if experts are required, each party will typically be required to pay for their own experts. Experts charge very high hourly fees and may be needed on more than one occasion. In addition, the court is unpredictable. Contrary to collaborative divorce, you won’t have control over the court processes and timeframes.

For more information on Family Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.

In this article, you will learn…

• How to relocate with a child when there’s a custody order in place,
• The benefits of consulting with a child custody lawyer before relocating with a child, and
• How to seek a change to child support when relocating with a child.

Can One Parent Relocate With A Child To Another City, County Or State?

Yes, one parent can relocate with a child to another city, county, or state. However, they should always seek court approval prior to doing so.

When there is a court case that is already within the North Carolina system that lays out child custody, relocation without first seeking court approval can lead to very messy circumstances. Oftentimes, relocating without court approval can result in not being granted relocation approval at a later date. This means you would have to move the minor child back, per the original custody arrangement.

The only circumstance where a court may be favorable of relocation prior to court approval would be if there is a situation of continued domestic violence.

If A Relocation Does Not Really Impact The Custody Arrangement With The Other Parent, Do I Really Need To Make A Formal Family Court Petition In North Carolina?

Even if a relocation doesn’t really impact the custody arrangement with the other parent, you will want to either get written permission from the other parent or the court to order it. There may be limitations that prevent you from moving, even if it’s just across state lines where you’re still within a very accessible location for the other party.

There could be jurisdiction and enforceability issues, so it’s always best to seek a formal petition to relocate prior to relocating with a minor child when a custody arrangement is in place.

A written notice is sufficient for relocation if…

• You are moving to a city or county that’s nearby,
• The move doesn’t adversely affect the well-being of the child, and
• The move doesn’t prevent the other party from their visitation rights.

Do I Need A Child Custody Lawyer To Apply For A Relocation With My Child?

It’s always a great idea to seek the advice of a child custody lawyer to make a determination of whether or not a relocation for your child would be approved. The court is going to look at a number of factors when determining whether or not it is appropriate for a child to move. Those factors come down to a very specific set of instances that the court will look at to determine whether or not the relocation is appropriate. The court will look at…

• The advantages of that relocation for the capacity to improve the life of the child,
• The motives of the custodial parent who’s seeking to move the child to another location,
• The likelihood that the custodial parent will comply with the visitation order,
• Why the non-custodial parent is resisting the relocation, and
• The likelihood a realistic visitation schedule can be arranged which will preserve the relationship with a non-custodial parent and the minor child.

Will The Court Automatically Adjust Child Support Payments If The Court Grants A Relocation Petition?

The court will not automatically adjust child support payments if a relocation petition is granted. You will need to file a claim to modify the child support that will be contemporaneous with the request to modify the custody schedule.

Anytime that a petition is made to consider the modification of child custody, that would substantially affect the time that a child is spending with each parent. It’s important for the court to also consider the issue of child support at that time.

For more information on Relocating With A Child After Divorce In NC, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.

Grandparents have what is called “Standing to Sue for Custody.” This refers to the Grandparents’ legal right to challenge the parents for custody. Grandparents can only sue for custody if there’s been no previous order put in place for child custody. If there hasn’t been a previous order but there is a case going on, the Grandparents may proceed by filing an intervention in the case. However, if there’s already an order in place and there’s no controversy going on at that time, the grandparents don’t have the ability to step in.

For more information on Family Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148  today.