If you are a North Carolina parent with primary physical custody of your child and you want to move, you need to be aware of the state’s relocation laws before you sign any paperwork. It’s possible that your move may not be legal. Here is an overview of North Carolina’s relocation laws.
You Want to Move
Whether you have a job offer in another area or you just want to live in a different house, you will want to talk to your lawyer directly to decide whether or not you need to file a petition with the North Carolina court to move. It is possible that you may not need to petition the court. Some instances where you may not need to petition include:
- You move closer to your former spouse.
- Your new house is just as close to your former spouse.
- Your former spouse approves of your move.
For many cases, though, petitioning the court is the appropriate choice. If you are wishing to move out of state or even out of the country, you should check with your lawyer to see if you need to file a petition to move.
Petitioning the Court
Your lawyer will help you file a petition with the court requesting permission for your move. This is not something that the courts in North Carolina take lightly. The judge will assess how the move will impact your child and his or her relationship with the other parent. It is a top priority in the state of North Carolina for both custodial parents to have equal access to their child. If a judge believes that a move will diminish your child’s relationship with the other parent or if the judge thinks that you are leaving the state to avoid the laws, your request to move may be denied.
If Your Petition Is Denied
Your petition to move may be denied for a number of reasons. If it is denied, you have two main options. First, you may decide to stay where you are and not move. This keeps your custody agreement intact as it is.
Second, you could allow the court to modify your custody order and name the other parent as the primary custodian. When you are not the primary custodian, you have much more freedom to move as you choose.
Let Us Help
At Sussman Law Firm, PLLC, we are here to answer any questions you may have about your desired move. Give us a call today at (980) 598-8180 or contact us online.