If you’re thinking about relocating, even for the best reasons, do not do anything without seeking legal advice first
Move-Away Relocation Attorneys Serving Chatham, Cumberland, Durham, Franklin, Granville, Harnett, Johnston, Lee, Moore, Orange & Wake Counties
It wasn’t all that long ago when the Colts snuck out Baltimore in the dead of night and moved to Indianapolis, setting off years of derision and bad feelings that weren’t put aside, finally, until the NFL gave Baltimore the Ravens.
What worked for a billionaire owner and the NFL won’t work in divorce, even after the Judge has signed off on your divorce decree and custody arrangement.
There is no ‘pick up and leave for a new life in a new state’ option after divorce. A custody agreement isn’t an ‘only good for the day it was signed’ document – it remains in force until the children turn 18. All the children.
Like other parts of the divorce resolution, custody can be modified. Like any other modification, it must be presented to the Judge, if you cannot agree to a change. Picking up and moving is not an option – it can be stopped (or reversed) by the Court, via restraining orders and through interstate custody proceedings.
It can get very ugly and expensive, quickly, and, like Robert Irsay to this day in Baltimore, no one, least of all the Court, looks kindly on the one who sneaks off.
If you’re thinking about relocating, even for the best reasons, do not do anything without seeking legal advice first. We mean Anything.
If your ex has been making subtle hints, like “the schools are great in San Diego,” or you’ve picked up the kids for the day and ‘Virginia is for Lovers” brochures are strewn over the coffee table, call a lawyer. Immediately. Don’t yell, don’t cry, don’t try to work it out, definitely don’t yell, just call.
Contested relocation issues must go before the Court. Relocation cases are, unsurprisingly, complicated. The Court has many factors to consider when deciding whether to allow the children to relocate.
Triangle Smart Divorce will evaluate those factors with you and give you advice before anyone takes any actions which the Court may not view as in the children’s best interest.
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What Our Clients Say
There aren’t enough words to express what Ashley Fillippeli and her team have done for me… With calm focus, sharp legal skill, and an extraordinary amount of heart, Ashley helped me find my child… That moment would not have happened without Ashley, and my child would not have a father without her help.
Baseer Maroof
Triangle Smart Divorce is the best family law firm in the area, and I am so grateful to have had them on my side. Lisa, Diane, Lauren, Jessica and the whole TSD team were very knowledgeable, thorough and professional. They did an excellent job getting great results for me and my kids during very challenging circumstances.
Book Fanatic
Lauren did an excellent job representing me throughout this entire process. From start to finish, I felt confident trusting her guidance and decisions, and I always knew I was in capable hands. She was professional, knowledgeable, and supportive every step of the way. I would highly recommend Lauren and this law firm to anyone going through a custody battle.
Brian Sechrest
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Frequently Asked Questions
If you’re ever considering getting a divorce, you should speak to somebody about it. Reach out to your biggest supporters and keep them close. When you’re ready, get in touch with one of our experienced divorce attorneys to discuss all of the SMART strategies available to you.
We understand this can be a pretty stressful situation. In North Carolina, spouses are required to live in separate homes for at least a year before becoming eligible for divorce. The time apart allows couples time to work on things and better scope out a future without their partner. You can take this process slow and make sure that you both make the best decisions for the family. Regardless of what stage of divorce you find yourself in, you should reach out to a divorce attorney who can give you sound advice (with your best interests in mind.)

