If you don`t have a custody order, there are several problems that can arise if you or your child`s other parent wants to move. Without a legally binding agreement, a parent can move anywhere, even outside the state. The other parent may see it as a problem or even a kidnapping, but if the motive is not to circumvent the law, it is legal. The parent who is still in North Carolina may be able to apply to the court for custody if they can prove that the moving parent left the state to escape the jurisdiction of the North Carolina courts. In such situations, it is essential that you seek legal advice from an experienced custody lawyer. If you want to take your child out of the state or resist your child`s move, contact an experienced and trusted custody attorney at Breeden Law Office. Attorney Jonathan Breeden understands that you and your child`s other parent may disagree on what is best for your son or daughter. While you agree that moving is in your child`s best interests, you may not agree on how to manage visits and travel. At Breeden Law Firm, you will be guided in negotiations with your child`s other parent. Hello, I have a mother who is emotionally abusive, she tells me that I constantly make everyone unhappy, blame me for everything that goes wrong and more.
I am 16 years old, I can move and live legally with a friend. Can I emancipate myself from it? If your child is 16 years old and not emancipated, he or she is considered a “minor”. Therefore, she does not “own” any of the items in your possession (legally). On the other hand, if she wants to go home, she can do so (and should be allowed by law) – she is. Read More » Moving a child can be an overwhelming process. If you are your child`s custodial parent, which means you have full or majority physical custody, you may think that you have the right to take your child with you wherever you go. You`re the primary parent, so you shouldn`t have to ask permission. However, this position on this issue is contrary to North Carolina law. To take your child away or to a state other than North Carolina, you`ll need an agreement with the other parent or a court order approving the move. The judge will base his or her decision to approve or refuse a move on whether the move is in your child`s best interests.
As the custodial parent, the judge first assumes that it is in the best interests of the child to stay in your home and move with you. However, this does not guarantee that the move will be approved. Your child`s other parent has the right to provide proof that moving is not best for your son or daughter. If you were born before the age of 18. Your parents may have you declared an unruly minor or a runaway and have you sent home by law enforcement. Or they can`t do anything, but since you`re not 18, you can`t find a job. Read More » If you`re a divorced or separated parent, you don`t need parental consent or a court order every time you move. If you`re moving to another home in the same city or county, you can probably do so without going to court or asking permission. However, there are geographical boundaries.
To determine when a move requires authorization, you should carefully review your custody order. It should include conditions about the distance you can travel or travel with your child before you need to get consent from the other parent or the court. Moving with your child doesn`t have to be a long process. If moving is best for your child, you and the other parent can make it work. If your child`s other parent doesn`t agree with the move, or if you both can`t decide how to handle long-distance joint custody, contact an experienced North Carolina attorney at Breeden Law Firm. My parents won`t let me go. I live in North Carolina, I`m 16 years old and I have a job. I have a place to go. I read that I had to undress and lived in this place for a while before I was emancipated, is that true? You and your child`s other parent always have the right to work together to do what`s best for your child. If you want to move your child to another area of North Carolina or a new state, the other parent may agree.
If you have a custody order, you should return to court with this agreement so that the order is properly adapted to the new situation. As long as the new regulation is in the best interests of the child, the judge will approve it. However, if it is clear that the move is not in the best interests of the child, the judge has the right to refuse the move. It`s not uncommon for teens to think about leaving home. In North Carolina, 16-year-olds can legally apply for emancipation. Enfranchisement is the legal mechanism by which a minor is released from the control of his or her parents, guardian or curator, who are exempt from any liability towards him. Contact a lawyer in your jurisdiction if you have questions about emancipation. North Carolina recognizes 18 as the “age of majority,” or the age at which residents of the state are legally considered adults, like most other states.
But state laws also regulate a minor`s right to emancipate himself, to give consent to medical treatment and other legal matters. North Carolina`s age laws allow minors as young as 16 to seek emancipation in court and can enter into a contract to pay tuition if they are 17 or older. Minors may also consent to medical care for certain procedures, such as pregnancy and drug addiction. It can sometimes be confusing to determine if a particular legal restriction or privilege applies to you because of your age, if you are seeking emancipation, or if you need advice on how to manage your money. Usually, it`s best to talk to a lawyer. Find a North Carolina family law attorney near you today. All states have a certain age at which residents become legally adults, 18 in most states. But there are certain procedures and events in a minor`s life that require a certain degree of autonomy. For example, it may be in a teen`s best interest to receive birth control services without parental consent. In addition, many states have legal procedures by which minors can emancipate themselves from their parents. An emancipated adult is a minor who is declared of full age in the eyes of the law.
If your custody order doesn`t define geographic boundaries, you may assume that moving out of state raises a legal issue with your child`s other parent. In addition, moving within the state, but several hours away, is also likely to lead to tensions. In this case, you should not assume that you can move without permission. It`s best to work with a lawyer and within the court system to get pre-approval for your move and introduce a new parenting plan. Moving without consent could lead to a much more complex custody battle that could result in getting custody of your child`s other parent and your child back to North Carolina. If you don`t have a custody order and you and your child`s other parent approve the move, you should go to court to solidify the agreement and have it formalized in a custody order. This makes you both responsible for your new parenting plan. It protects your right to take your child out of the state, something the other parent could challenge on the street if you don`t get a court order in your favor.
If the other parent doesn`t agree with the move or you don`t agree on how to handle remote visits, you`ll need to go back to court. Even if you both agree with the move, you`ll probably have to go to court. As a custodial parent, you must file an application for a change of custody or custody with your local district court and ask the judge for permission to move your child and change the custody decision. If you live in Johnston or Harnett County, take your case to the Civil Division of the District Court. There is no separate and independent family court. However, if you live in Wake County, there is a special family court set up for domestic disputes, including custody and moving matters.