After a divorce, parents often want to make a fresh start. For some, that means moving to a new city or even another state. But when you share custody of minor children, relocation is not a simple decision.
In North Carolina, there are strict rules about when and how a parent can move with a child after divorce.
If you are considering relocating (or if your co-parent is trying to move), understanding the legal limits and requirements is critical to protecting both your rights and your child’s best interests.
Don’t let the most precious thing in your life pass by; contact a custody attorney who can help you reach a beneficial agreement.
Custody Orders Control Relocation
The first question to ask is whether there is a custody order in place:
- If no custody order exists: Both parents technically have equal rights to the child, but moving without agreement can still lead to legal disputes.
- If a custody order exists, The terms of the order control relocation. You cannot simply move your child if it violates the custody schedule.
Violating a custody order by moving without permission may result in being held in contempt of court or even losing custody.
The Child’s Best Interests Standard
North Carolina courts base custody and relocation decisions on the best interests of the child. This means the court will not automatically allow or deny relocation—it will evaluate whether the move helps or harms the child.
Factors the court may consider include:
- The reason for the move (job opportunity, family support, better schools)
- How the move will affect the child’s relationship with the non-moving parent
- The distance of the move and the feasibility of visitation
- The child’s age, needs, and ties to the community
- Whether the move appears to be an attempt to interfere with the other parent’s custody rights
When You Need Court Approval
If both parents agree to the relocation, the court will usually approve it as long as it serves the child’s best interests. However, if one parent objects, the moving parent must file a motion to modify the custody order.
To succeed, the moving parent must prove:
- A substantial change in circumstances has occurred since the custody order was entered.
- The relocation is in the best interests of the child.
The non-moving parent has the right to present evidence showing why relocation would harm the child.
Impact on Custody and Visitation
If relocation is approved, the custody order will likely be modified to reflect the new arrangement. This may include:
- Adjusted visitation schedules (longer visits during school breaks or summers)
- Virtual visitation through phone calls or video chats
- Travel arrangements and cost-sharing responsibilities
If relocation is denied, the moving parent may have to decide whether to stay in North Carolina or risk losing primary custody.
Relocation Without Permission
Attempting to move without the other parent’s agreement or a court order can have serious consequences:
- Being found in contempt of court
- Losing custody rights
- Damaging your credibility in future custody proceedings
If you are thinking about relocating, the safest path is to work through the court system with the help of an attorney.
Why Legal Guidance Matters
Relocation cases are some of the most challenging custody disputes. Courts must balance a parent’s right to move with a child’s need for stability and ongoing contact with both parents. Without strong legal representation, you may struggle to present the evidence needed to show why relocation is or is not in the child’s best interests.
An experienced child custody attorney can:
- Review your custody order and explain your rights
- Help you negotiate with your co-parent
- File the necessary motions and present evidence in court
- Protect your parental rights whether you are seeking or opposing relocation
Key Takeaways
- In North Carolina, relocation with minor children after divorce is governed by custody orders and the best interests of the child standard.
- If both parents agree, relocation is usually approved. If not, the moving parent must seek a custody modification in court.
- Courts consider the reason for the move, distance, and impact on the child’s relationship with the non-moving parent.
- Moving without permission can result in contempt charges and loss of custody.
- Legal representation is essential in relocation cases to protect both your rights and your child’s well-being.
If you are considering relocation with your child or your co-parent is trying to move against your wishes, the decisions you make now will have lasting effects on your family. At Martine Law, our family law attorneys can guide you through the process and fight for a custody arrangement that protects your child’s best interests.