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Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a girlfriend that relocated from New Orleans to Charlotte

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I have a girlfriend that relocated from New Orleans to Charlotte NC with her child. The father originally signed an agreement letting her move with the child but would only pay minimal child support. They are currently having a custody battle trying to define visitation rights. The father now wants to make her move back to New Orleans after being in Charlotte for over a year. She has a great job and this is where her family is. She hasn't tried to deny any visitation rights to the father but can't afford to keep paying for plane tickets to New Orleans and back. She recently had a court appointed evaluator say that they recommend that she move back to New Orleans because she is educated enough to find a job. She does not want to move back to New Orleans. In a situation like this can the courts make her move back to New Orleans even if the child has already been relocated once and has been living here for a year?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


You can never guess what a court may order her to do. However, if the father signed a waiver allowing her to move and if they've lived in Charlotte for more than one year, it would be likely that the judge would allow her to stay because he consented to the move.


The judge must do whatever is in the child's best interest, and up-rooting the child and making your girlfriend move back to New Orleans may not be the best thing - although it would allow the child to be closer to the father.


There's really no way to tell what a judge may do because courts will go to great lengths to make sure the child and parents maintain a relationship. It is possible, however, to make visitation arrangements that will accommodate the distance instead of requiring her to move back.

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