Relocation and Custody Arrangements

The custody arrangement will significantly impact how a relocation should be handled. If you have a child custody order, separation agreement, or divorce decree that includes terms regarding moving with the child, that court order must be followed. Many times, there will be provisions that discuss relocation, including distance and notification requirements.

Parents with primary physical custody[1] have been granted more time with their child, but that doesn’t mean they can make unilateral decisions about major events like relocation. While primary custody is decided based on which parent is best able to meet the everyday needs of the child, including where they should live, the other parent can still object to and try to stop a major move. Parents who share physical and/or legal custody should also check their custody order for specifics; it is a good resource for information. It may prohibit you from moving out of state or beyond a certain number of miles from a set geographic location.

If you have a permanent child custody order, you can request to change it by filing a Motion to Modify.[2] In this Motion, you will need to discuss the substantial change in circumstances that is affecting your child and that a change to the order is necessary for the child’s best interests.

Permission to Relocate

Even if your custody order or divorce decree doesn’t include a provision regarding relocation, you will want to ensure that you don’t need permission before moving. In most cases, you will need permission from either the other parent or from the court. Relocating out of state or a long distance from your current residence without permission from the other parent could result in legal consequences for you. If you have a current court order and violate it, you may be found in contempt. Whether you have an order or not, moving without considering how it would affect the other parent is likely to work against you in court.

If the other parent refuses your request to move, you can request permission from the court by filing your intent to move with your child. The best interest of the child is the dominating factor in such a court proceeding. The judge will consider the reason for the move and whether it will benefit the child.

In summary, it is not a good idea to move far away or out of state without consulting with your child’s other parent. In the best-case scenario, they will give their consent for the move. Going to court to request a change to the custody arrangement is necessary if both parents cannot agree on what’s best for their child.

If you need help with a Motion to Modify or other child custody issues, contact Ley Law at 252-612-0007 for a consultation and ask us about our payment plans.

[1] North Carolina Judicial Branch. Child Custody. https://www.nccourts.gov/help-topics/family-and-children/child-custody

[2] Id.