Child Custody and Relocation Rules in North Carolina

Custody relocation cases are some of the most difficult cases we handle because there is no way to keep the exact same schedule and routine for the kids and the parents unless both parents are moving to the same area, which as you can imagine, is very rare.

If you are planning to relocate, no North Carolina Court can stop you, but the Court can stop your children from moving with you. You need to know what Courts look at when deciding if the children should relocate as well.

❗ The first thing the Court has to decide in North Carolina is if your proposed move will significantly affect the children. Unless you are just moving down the road OR you never see your kids, it is hard to imagine a situation where a parent’s move wouldn’t affect the children.

❗ The second thing the Court looks at is pretty obvious: Every move will have advantages and disadvantages for the children. And it is up to the Judge to decide if the advantages outweigh the disadvantages and if it’s in the children’s best interests to allow them to move with you.

❗ The third thing that’s important to understand is that the Judge will look at a lot of factors in a relocation case. Here are some of the factors:

1️⃣ The advantages of the relocation in terms of its ability to improve your children’s lives
2️⃣ The motives of the custodial parent in seeking the move
3️⃣ The likelihood that the custodial parent will comply with the visitation orders when they are no longer subject to the jurisdiction of North Carolina
4️⃣ The integrity of the noncustodial parent in resisting the relocation; and
5️⃣ The likelihood that a realistic visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent.

✅ Gathering evidence and information on these factors well in advance of your expected move is key. Deciding to move can forever change the relationship a child has to one or both parents. These cases are complicated and emotional.

If you have a job opportunity, a family change, or just need to relocate, please let us help you evaluate the relocation factors or negotiate a new custody schedule for you before you go. This is a situation where self-help is not favored by the Courts, and it is easier (though not easy) to get permission than to ask for forgiveness. Reach out to us online or give us a call.

We are located in Cary, North Carolina, but we work in all the surrounding cities, including Raleigh, Chapel Hill, Morrisville, Apex, Wake Forest, Durham, and more!

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Get FREE resources about divorce in North Carolina: https://www.trianglesmartdivorce.com/free-resources/

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Phone: 919-925-5995

Website: https://www.trianglesmartdivorce.com/

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