Many parents are eager to move after divorce, possibly to start a new career or move in with extended family. Others embark on a new romance, which eventually becomes so serious that relocation appears on the horizon.
In this article, we look at child custody laws in NC and how they impact your ability to move with your child to a different state. Call Remington and Dixon to talk with a Charlotte family lawyer. We have helped many clients obtain court permission to move, but we can also represent a parent hoping to block a relocation.
Can I Move Out of State With My Child?
Let’s look at the general rule: you cannot move out of state with a child without the other parent’s permission if you have a custody agreement. The parents’ consent is necessary in that situation. Take out your custody order. It probably contains language limiting where you can live or outright preventing a move.
What happens if you just move anyway, in violation of the custody order? In that situation, you could:
- You can be held in contempt of court for intentionally violating a court order. A judge could fine you or even possibly send you to jail.
- The judge could modify custody. The judge might use this opportunity to revisit the custody arrangement and possibly give the other parent more visitation to make up for the fact that you moved.
- The judge could give the other parent custody. This is also a possibility. The judge might believe the other parent should be the primary custodian, with you only getting visitation.
- You can avoid these negative consequences by talking over the move with the other parent. They could agree to a modification of custody and allow you to move.
However, where the other parent won’t consent, you can instead seek permission from the court. Under North Carolina General Statutes § 50-13.7, you can request a modification if you show changed circumstances. You also must show that the move is in the best interest of your child. That is the touchstone for legal decisions involving children.
Moving Out of State With Child, No Custody Agreement
Some parents do not yet have a custody arrangement in place. In that situation, you might very well move. Technically, the state cannot prohibit you from packing up and taking your child out of state. There is no court order preventing you.
However, the other parent can start a child custody case if you move out of state, and they could seek the child’s immediate return. They can argue that the child should be with them, and the court might agree with the other parent. You could lose primary custody and only have visitation.
The key consideration is whether moving is in the child’s best interest or not. The judge might believe staying in the Charlotte area is best for your child. In that case, the judge won’t approve a move out of state.
What You Need to Prove if You Want to Relocate
At Remington & Dixon, we work with parents on child custody issues. We know many people have valid reasons for leaving the state:
- New job and greater economic opportunities. You might get a better-paying job or a promotion in a different state.
- Return to school and greater future earning power. Perhaps you were admitted to a college or graduate program in a different state.
- Extended family that can help with child-rearing. Moving in with your parents can help with raising young ones.
- New romantic relationship. Let’s face it: dating is national in scope. You could have met someone on an app and want to move in order to be closer.
All of the above sound like valid reasons for packing up and heading to a different state. However, the court might not look at it that way.
Remember, courts are focused on what is in the child’s best interest, not necessarily your best interest. Starting a new romantic relationship might seem like fun and perhaps help you heal after the end of a marriage. But the court doesn’t necessarily agree that your child is better off in a new state so that you can be happy.
Instead, you need evidence that the move is in your child’s best interest. Whether you have an existing child custody order or not, that is the test a court will use.
For example, you might move to an area with better schools for your child. You might also earn more money if you take a promotion with an out-of-state company, and the increased income will improve your child’s life.
On the other hand, the judge will consider a child’s ongoing relationship with the parent left behind. Sometimes, a judge will give a green light for a move but give the parent left behind more visitation.
Hire the Right Child Custody Lawyer for Your Needs
Remington & Dixon, PLLC, knows the most recent laws and court decisions. We can help our clients present a compelling argument to the court regarding why the judge should approve (or not approve) a relocation. Contact us to schedule a confidential consultation. Our firm has helped many in the 28207 zip code, as well as in Mecklenburg, Cabarrus, and Union County.
