Child Custody and Relocation
Child Custody and Relocation in North Carolina
After divorce or separation, parents sometimes need (or want) to move. A new job, a remarriage, or the desire to be closer to family can all make relocation seem like the right choice.
But if you share custody of your children, moving can have serious legal implications in North Carolina. Before you pack up, it’s important to understand how relocation affects custody orders, what the courts consider, and how to protect your relationship with your children.
Understanding Custody in North Carolina
Although the term custody incorporates both decision making and scheduling in North Carolina parties will often reach an agreement on two major areas of custody:
Legal custody: the right to make major decisions about the child’s life (education, medical care, religion, etc.).
Physical custody: where the child lives and who provides daily care.
Parents can share joint custody or one parent may have primary custody while the other has visitation or secondary custody.
Custody arrangements are established either by agreement (consent order) or by court order after a hearing. Once a custody order is in place, both parents must follow it until the Court modifies the order or both parties agree to a modification to the order.
How North Carolina Courts Decide Relocation Cases
North Carolina courts do not automatically favor or forbid relocation. Instead, judges focus on what is in the child’s best interest.
Here are the key factors courts may consider:
- The motives of each parent and whether the move is made in good faith or to limit the other parent’s time.
- The advantages of the move for the child (such as better schools or family support).
- The feasibility of maintaining a meaningful relationship with the non-moving parent.
- The impact on the child’s stability, education, and emotional well-being.
- The history of parental cooperation and communication.
Ultimately, the court balances the potential benefits of relocation against the harm it might cause to the child’s relationship with the other parent.
When Relocation Becomes a Custody Issue in NC
Relocation becomes a legal issue whenever a move would significantly affect the existing custody schedule. One example is making regular visitation impractical or disrupting the child’s school and community ties.
Parents can often avoid conflict by communicating early and trying to reach a new agreement. If that’s not possible, the relocating parent must ask the court to modify custody to allow the move.
Moving Without Court Approval
If a parent moves away without notifying the other parent or obtaining court approval, it may be viewed as violating the custody order.
In serious cases, a parent could face:
- Contempt of court
- A loss or reduction of custody or visitation rights
- Orders requiring the child’s return
Even if the move seems minor or temporary, the other parent can ask the court to enforce or modify custody if they believe the move affects the child’s best interests.
Practical Steps Before Relocating
If you’re considering a move and have an existing custody order:
- Review your custody order carefully. It may contain specific relocation or notice provisions.
- Notify the other parent early. Written notice of your intent to move can help prevent misunderstandings.
- Attempt mediation. Many North Carolina counties require or encourage mediation before filing motions.
- File a motion to modify custody. If you can’t agree, you must ask the court to approve a modified schedule that accommodates the move.
- Prepare to show how the move benefits the child. Courts want clear, child-centered reasons for relocation.
If you are the non-moving parent, you can oppose the move by showing how it would negatively impact your relationship or the child’s well-being.
Protecting Your Relationship with Your Children
Even when relocation is approved, courts strive to preserve meaningful relationships between children and both parents. Judges may:
- Adjust visitation schedules to allow for longer holiday and summer visits
- Encourage virtual visitation through video calls
- Order parents to share travel costs for visits
The key is cooperation and planning. Creating a realistic schedule keeps both parents connected.
NC Custody Relocation Resources
- Relocation: What Do I Do First?
- How Do I Co-Parent When My Kid Lives in Another State?
- Who Pays For Travel Expenses When a Parent Moves With a Child?
- Helping Children Adjust to Moving During Divorce
- Moving Without The Children: When It’s That Important
- How Can I Obtain Evidence In Another State To Present in Court?
- Moving for Marriage or Remarriage
NC Child Custody Relocation Book
Co-Parenting Resources
Local NC Court Resources
More Child Custody Relocation Articles
Child Custody Relocation FAQs
If you can relocate and still follow the child custody schedule as spelled out in your separation agreement or court order, then you can go ahead and move.
If relocating will make the child custody schedule difficult or impossible to follow, then you should seek a change to the custody terms before you relocate. Otherwise, if you were to relocate and then miss a scheduled drop-off with the other parent for example, you would be breaching the separation agreement or court order. Your ex could file a breach of contract lawsuit or motion for contempt against you for not following the terms. And if you take the children with you as well, the other parent may file a motion to modify the court order with that parent asking for primary custody.
Refer to your separation agreement about amendments to the agreement. Most separation agreements allow for the terms to be modified if in writing and both parties’ signatures are notarized. This means both you and the other parent have to agree to the new terms.
Some separation agreements include special modification provisions in the child custody section. Usually this includes a requirement that any changes to child custody must first be mediated. If your separation agreement has this provision, then you’ll need to schedule a mediation date before you can attempt anything else.
If neither party can reach an agreement on changes to the child custody terms, then you will need to file a child custody action in court against the other parent.
You will need to have your court order modified. In order to do so, you would need to file a motion to modify the custody order. You and the other parent may be able to return to custody mediation. Otherwise, there will be a court date in which both you and the other parent will testify and present evidence about the relocation. The judge will make a decision about whether or not to modify the custody order.
In a modification hearing because of a relocation, the judge will be looking for two things: (1) that a substantial change in circumstances affecting the wellbeing of the children has occurred, and (2) that changing the custody order will be in the best interests of the children. If both of these cannot be proven, then the judge will not grant a motion to modify the court order.
You should focus your case on why the relocation is beneficial to the children and in their best interests. For example, a relocation could provide better schools or there could be more educational and cultural opportunities. A relocation because of a change in jobs could mean that you are able to spend more time with the children or allow you to better financially provide for them. Or, a relocation could remove the children from a dangerous, harmful or unhealthy environment.
For long-distance situations, one parent usually has primary custody and one parent usually has significant vacation and holiday time. Each case is different, but the non-custodial parent can usually expect significant visitation time in the summer, during holidays, and some weekends depending on how far apart the two parents live.
Child Custody Calendar
We’ve developed a free custody calendar application to help you and your family keep custody schedules from becoming a headache. With web and mobile apps, it’s easy to create schedules, document events with notes and photos, and keep in contact with your co-parent, relatives, and parenting coordinators.
