Relocation With A Child After A Child Custody Order

Relocation With A Child After A Child Custody Order

 

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.

Do Grandparents Have Any Custody Or Visitation Rights In North Carolina?

Do Grandparents Have Any Custody Or Visitation Rights In North Carolina?

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.

An Experienced Contested Divorce Lawyer On Your Side

An Experienced Contested Divorce Lawyer On Your Side

If you are facing a contested divorce in North Carolina, you need an experienced and knowledgeable attorney on your side. Tyler Niblett of the Neece Law Firm is an experienced contested divorce lawyer practicing in Gaston County, NC, since 2018.

About Contested Divorce Lawyer Tyler Niblett With The Neece Law Firm

Mr. Niblett is licensed to practice in North Carolina. He has represented many client with family law issues, including contested divorces. The contested divorce process can be very complicated. It can involve a long, drawn-out process that involves negotiating issues such as:

  • Spousal support,
  • Custody arrangements,
  • Division of assets, and
  • Other matters that can become mired in disputes.

Attorney Tyler Niblett has the experience and knowledge to guide you through the contested divorce process and make sure that your rights are protected. Mr. Niblett is a knowledgeable lawyer who will help you understand your legal options and protect your interests throughout the divorce.

He takes a comprehensive approach to ensure that all relevant issues are being considered before reaching a settlement agreement or going to trial. Attorney Tyler Niblett commits to provide you, his client, with:

  • Sound legal advice,
  • Zealous representation, and
  • An aggressive strategy tailored to your specific needs and goals.

So if you are looking for a skilled divorce attorney in Gastonia, NC, contact the Neece Law Firm today. Don’t try to handle this stressful process alone — get experienced representation from a reliable lawyer.

Worrying About The Cost Of A Contested Divorce Attorney?

At the Neece Law Firm, we understand how important it is to keep costs manageable when dealing with such an emotional and financial issue. So, we will work with you to find a solution that fits your budget.

The Neece Law Firm believes that no one should ever have to choose between justice and finances, so he works hard to ensure that his services are as affordable as possible for his clients. We will take into account any of your special circumstances and adjust our fees accordingly.

If you have questions about the cost of a contested divorce case, please don’t hesitate to contact us today. Everyone deserves quality legal representation, regardless of their budget or financial situation – and we are here to ensure that happens.

What To Expect In A Contested Divorce Settlement

When it comes to a contested divorce settlement, there are a few key questions that you should prepare to answer:

  • What assets and debts will be divided in the settlement?
  • Who will pay the attorney fees?
  • How will custody of any minor children be handled?

These are all important considerations when going into a contested divorce settlement. We understand that this situation can be very stressful and confusing at the Law Firm of Hometown Counsel. That’s why Attorney Holden B. Clark takes the time to explain each step of the process and answer any questions you may have about your case.

You can expect the Law Firm of Hometown Counsel to help you reach a settlement agreement. We are here to serve your best interests and protect your rights throughout the case.

Ready To Get Your Questions Answered?

If you’re facing a contested divorce in North Carolina, contact Attorney Tyler Niblett at the Neece Law Firm today.

He is an experienced contested divorce attorney who can provide you with the sound advice and zealous representation you need for a favorable outcome. To get started, email us or call our office in Gastonia, NC, today at (704) 862-0148 .

Common Concerns Surrounding Guardianship

Common Concerns Surrounding Guardianship

Resentment

The number one concern family members have is wanting to ensure that their dementia-stricken loved one doesn’t come to resent them for taking out guardianship. It’s a difficult question to answer because there are bound to be hurt feelings, especially in patients who are older and have lived long, accomplished lives full of independence. Most people in this situation want to hold onto their autonomy for as long as possible. It can be extremely difficult to ask a person with dementia to give up their autonomy, especially if they have been fighting to keep it for a long time. They are often fully aware of what is happening to their mind and the gravity of the situation. The last thing they may feel they can control in their life is whether they want to stay in their own home or eat a peanut butter sandwich.

As our loved ones age and lose their ability to take care of themselves, it’s not unusual for them to resist our efforts to help them. This can be emotionally difficult for everyone involved and, in some cases, may even appear harmful to the family. But it’s important to remember that this is often just a result of the aging process and the inability to understand what’s going on. With patience and understanding, we can help our loved ones through this difficult time.

Reactive Rather Than Proactive

Guardianship is typically only sought after when something bad has happened, as opposed to being proactive in protecting a family member. It can be a very thin line that the court falls on, but when presented with evidence of significant issues, the court will usually err on the side of caution.

When considering guardianship, it is important for attorneys to understand the motives of the petitioner and evaluate why they are seeking guardianship. Guardianship can be a complicated process, so it is crucial to make sure that everyone involved understands the reasons for seeking guardianship and what they hope to gain from it. That’s why hiring and working with an attorney who specializes in guardianship is the best thing you can count on in this process.

I think it’s important to realize that there are some people who will help you with guardianship, even if they don’t agree with your motives. However, as legal professionals, it is our duty to turn away those who clearly have negative intentions or are only seeking guardianship in order to subvert or manipulate a will.

The final challenge for a guardian is to keep up with the paperwork and meet the expectations of the court. This book will provide resources and help others understand what needs to be done before and after an appointment.

The Alternatives To Guardianship That Should Be Explored First

When it comes to making decisions about your future, you should explore all of your options before choosing guardianship.

If you still have your cognitive abilities and can trust a loved one to carry out your wishes, a power of attorney or health care power of attorney may be a better option for you. These documents can give you peace of mind knowing that your wishes will be carried out according to your specifications.

You even have the ability to pick who you want as your guardian in the event that one becomes necessary. You can also choose for them to serve without a bond.

The Department of Health & Human Services can petition for guardianship over someone who needs assistance. This type of order is called an Adult Protective Services order, and it can be issued by a district court judge in the person’s local community.

An Adult Protective Services order allows adult protective services to help arrange for things like medical care and follow-up appointments, as well as housing assistance. This limited form of guardianship does not mean that the person cannot make their own decisions, but rather that adult protective services can intercede and make decisions in the best interest of the person’s safety.

Our office can help you understand your unique situation and figure out if you need full guardianship. If it’s just that you need some help and services, they can also provide that for you. They want to make sure you fully comprehend what’s going on and get the assistance you require.

For more information on Guardianships 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.

A Reliable Uncontested Divorce Lawyer

A Reliable Uncontested Divorce Lawyer

If you are considering an uncontested divorce in Gastonia, NC, you will need the help of a qualified attorney. An experienced uncontested divorce lawyer can provide the legal guidance necessary to protect your rights and interests during the divorce proceedings.

About Attorney Tyler Niblett With The Law Firm Of the Neece Law Firm

Tyler Niblett is an experienced family lawyer in Gastonia, NC. He is is dedicated to helping his clients achieve the best possible outcomes.

Mr. Niblett understands the complexities of divorce proceedings. He will take the time to listen to your concerns and provide advice tailored to your unique situation. If you are considering an uncontested divorce, contact the Neece Law Firm today for a consultation and get your questions answered.

How Can An Uncontested Divorce Attorney Help Me?

An attorney specializing in uncontested divorces can help ensure that all paperwork is filed and that all relevant issues are addressed. When filing for an uncontested divorce, it is crucial to understand what this entails.

An uncontested divorce usually takes less time and can be a less expensive alternative to traditional litigation. There are specific requirements that you must meet to qualify for an uncontested divorce, including:

  • Both parties agree to the terms of the divorce, and
  • Having no significant disputes over assets, debts, and child custody.

An experienced uncontested divorce lawyer will help confirm that all legal issues are addressed, and that the agreement is fair for all involved. Also, your attorney will review documents to verify they are valid and follow North Carolina law. Your lawyer will also be there to assist in negotiating a settlement agreement if necessary.

What Are Some Common Issues Addressed During Uncontested Divorces?

During an uncontested divorce, some of the common issues that need to be addressed include:

  • Child custody and visitation rights,
  • Child support payments,
  • Alimony or spousal support payments,
  • Division of assets and debts; and
  • Drafting a settlement agreement.

An uncontested divorce lawyer can also tell you how to proceed with the divorce and answer any questions you may have.

Additionally, an experienced attorney like Mr. Niblett can help review any proposed settlement agreement for fairness and ensure that it meets the requirements of North Carolina law. If you are considering an uncontested divorce, contact our experienced lawyer today to discuss your situation.

What Is An Uncontested Divorce Agreement?

An uncontested divorce agreement is a written document that outlines the terms and conditions of the divorce. Conditions of your divorce can include things such as:

  • Child custody,
  • Visitation rights,
  • Division of assets and debts, and
  • Spousal support payments.

The uncontested divorce agreement must be legally valid and in compliance with North Carolina law to be enforceable.

Afraid Of The Cost Of An Uncontested Divorce Attorney?

Filing for an uncontested divorce can be more cost-effective but you probably still have concerns about the cost of hiring an attorney. We offer flat-fee uncontested divorces to ensure you can move on with your life in the most cost effective way.

Contact The Neece Law Firm Today And Get Started

Are you ready to start the process of filing for an uncontested divorce? If so, contact the Neece Law Firm today and get started. Tyler Niblett is a highly experienced uncontested divorce lawyer who will give you the legal advice you need to protect your rights throughout your divorce.

Email us or call our office in Gastonia, NC, today at (704) 862-0148 .

How Spousal Support Or Alimony Is Determined In North Carolina

How Spousal Support Or Alimony Is Determined In North Carolina

 

In this article, you will learn…

  • If a spouse can get spousal support during the divorce process,
  • How long spousal support or alimony can be paid to a spouse, and
  • What factors could impact spousal support or alimony.

Can A Spouse Get Alimony Or Spousal Support During The Divorce Process In North Carolina?

Yes, a spouse can get alimony or spousal support during the divorce process in North Carolina. Post-separation support is the way in which a spouse can receive support pending divorce after separation.

Post-separation support is intended for the benefit of a dependent spouse and it is paid by the supporting spouse. The dependent spouse has relied on the income of the other party and their income is outweighed or substantially reduced by their current liabilities.

How Long Will Spousal Support Or Alimony Be Paid In North Carolina? What Factors Determine The Length Of Payment?

Here’s the most shocking thing about alimony and spousal support in North Carolina: there is no hard and fast rule as to how long spousal support or alimony will be paid.

The typical guideline that you will see is that someone will receive spousal support until either the case has been resolved or they’ve met at least half the life of the marriage, depending on how long the litigation goes.

A court will typically order alimony for the length that’s equal to at least one-half the length of the marriage. If the parties were married for around 30 years, they usually meet the guidelines for lifetime alimony.

Are There Other Factors Such As Length Of Marriage, Adultery, Or Other Fault That Influence The Amount Or Length Of Time And Whether Or Not A Spouse Will Get Any Alimony Or Spousal Support?

In North Carolina, there are statutes that will bar or reduce alimony or post-spousal support based on the actions of the opposing party. When a party engages in marital misconduct, that can certainly be considered in making a determination of alimony. Marital misconduct can be…

  • Verbal abuse,
  • Mental abuse,
  • Physical abuse,
  • Excessive drinking,
  • Substance abuse,
  • Infidelity, or
  • Any conduct that would be so cumbersome that it would cause any reasonable person to not be able to live happily.

 

For more information on Alimony/Spousal Support Award During 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.

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