A legal issue that often comes up with North Carolina parents who do not live together is what to do when the custodial parent wishes to move with the child. If we are simply talking about a local move within the same city, there is generally no issue. But what if the custodial parent wishes to move to another city or state? Does the other parent have any say in the matter? Does the moving parent need permission from a judge?
Process for Custodial Parent Relocation
Unlike many states, North Carolina has no specific laws in place governing custodial parent relocation with a minor child. Instead, a parent’s right to relocate generally depends on the terms of any child custody agreement or child custody order issued as part of the parents’ divorce proceedings. The agreement or order may contain specific requirements governing relocation, such as the need to seek permission from the other parent or a judge. Absent such a provision, there is generally no immediate legal bar to a parent with sole physical custody relocating with the child as they see fit.
Of course, things are rarely that simple. For instance, if the child custody agreement provides for regular visitation rights with the other parent, a cross-country relocation could make that practically impossible. If the parents are unable to agree on how to handle this, or if there is no formal custody agreement or order in the first place, then the parent seeking relocation needs to ask permission from a judge first. Alternatively, the non-moving parent can file an objection to the relocation as a violation of the existing custody agreement or order.
If the matter ends up before the court, a judge will decide whether or not to approve the relocation.
Reasons a Judge Will Approve Custodial Parent Relocation
In any case dealing with child custody, including relocation, the court’s function is to determine what would be in the best interests of the child. This requires the judge to consider several factors, such as the health and stability of all parties involved, the child’s adjustment to their current home and school, the child’s relationship with the parents and any siblings, the potential benefits of the move for the child, the reasons the other parent objects to the move, and any history of domestic violence. If, after considering all relevant factors, the court is satisfied that the relocation is in the child’s best interest, the judge may approve the relocation.
Reasons a Judge Will Deny Custodial Parent Relocation
The court must also be satisfied there has been a substantial change in circumstances affecting the child’s well-being before approving any modification of an existing custody order. It is not enough for the relocating parent to say, for instance, to simply tell the court they have remarried or taken a new job and therefore need to move. Keep in mind that the court cannot prevent the parent from moving. However, the judge can deny relocation of the child if the moving parent cannot adequately demonstrate a change in circumstances that would positively affect the child.
Contact a Charlotte Family Law Attorney
Remington & Dixon is a full-service Charlotte, North Carolina, family law firm that can advise you on the process of parental relocation with a minor child. Divorce attorney Jennifer Dixon will be happy to sit down with you and explain your options, whether you are the parent seeking relocation or the one opposing it. So if you would like to learn more about relocating after divorce with a child, contact Remington & Dixon, PLLC, today to schedule a consultation.
