Many parents have questions about whether they can move out of North Carolina with their children when they are divorced. This is a complicated issue that requires considering a lot of factors when making a decision to move. Here are some things to keep in mind when determining whether or not you can move out of state with your children:
Custody Orders
It is always a good idea to have a written agreement in place when you are co-parenting after a divorce. Some agreements or court orders have restrictions on how far one can move, whether it is by state lines or by a certain number of miles. These things are usually arranged in the separation agreement or custody order beforehand.
If you do have a custody order and the order prevents you from relocating out of North Carolina, you would be are breaking the law. However, if there is not a limitation on moving or you do not have a custody order in effect, it is technically not illegal to move kids out of state, but it is still a substantial risk.
Moving out of North Carolina without permission of the other parent or modification of the Custody Order can result in a variety of consequences. These can range from a sheriff showing with a Court Order to take the child back to North Carolina, or the court holding you in contempt. It is never a a good look in the judge’s eyes if you take the child without permission of the other parent and could result in the judge having a bias against you in custody issues in the future.
Joint or Sole Custody
Regardless of any kind of custody arrangement, you should go to court and file a Motion to Modify Custody before making your move. If one parent gets the kids on the weekend but the kids are now five hours away instead of across town, this will not only affect the logistics of complying with the Order but will likely make the other parent angry, destroying any chance of co-parenting. It is always best practice to notify the other parent and request a Custody Modification before moving across state lines.
Whether Relocation Will Be Allowed
The ultimate consideration in Custody issues, including moving or relocation, is the best interest of the child. Courts will look to the factors used by the court in Ramirez v. Barker (418 S.E.2d 675, 107 N.C. App. 71 in determining whether it is in the best interest of the child to be relocated. These include:
- The advantages of the relocation in terms of its capacity to improve the life of the child;
- The motives of the custodial parent in seeking the move;
- The likelihood that the custodial parent will comply with the visitation orders when no longer subject to the jurisdiction of NC courts;
- The integrity of the noncustodial parent in resisting the relocation; and
- The likelihood that a realistic visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent.
Courts might look at other factors in considering a Custody Modification, but these are the important factors in determining whether a child’s relocation should be approved.
How to Deal with a Relocation Dispute
Whether you are the parent requesting the relocation or the parent opposing the relocation, it is important to contact an experienced attorney in these matters. Even if you both agree to the relocation, determining specifics can be stressful. Emblem Legal can provide valuable guidance on navigating these issues with the other parent.
If you have questions about one parent taking your children out of North Carolina, or about anything else related to Child Custody, be sure to contact Emblem Legal to schedule an appointment.
Good evening, My good friend is unable to provide a stable, safe and secure environment for her 4yr. little girl. The 4yr has been living with me for 6 months. The mother would like to sign over guardianship to me. However the clerks @the courthouse is telling her she can’t file that paperwork for guardianship unless one or both parents are not living. They are saying that “Permanent legal custody” is the paperwork we should file. My friend (the mom)is young and completely overwhelmed and would like to walk away. I love this little girl, she calls me mom! She feels safe and knowns that she is loved and cared for when she is at my home. I am hopeful you can share some insight, regarding this matter.
Thank you for your time.
Hi, I would like to know if the father of my daughter could take my baby away from me. I was thinking of separating and of taking her with me but on same time to let her father to have full access to her. He and his mother are threatening me to take her away from me because I don’t have a job and he has. Of course I don’t work because of her being only 6 months old and with the COVID issues there’s no way to get her into a daycare or so. I’ve been working Full time with higher risk pregnancy at age of 38 until the day before I had her and now they telling me that I’m not stable because of not having a job, so that they want the baby. I love my baby girl and I do the best job as mom she could ever get from than anyone else could ever do. She’s my entire world and I don’t see why would they want to hurt her in taking her away from her beloved momma. We have amazing bond and she needs me. She loves her daddy and I want her to see her daddy as often as she and he want to. I teach my baby trilingual and take care of her. What are the chances that he’ll get her fully away from me because he has a job? Her grandmother that says she’ll take her can’t even handle her for more than 15 minutes because my baby she’s very strong and active baby. Her grandma can’t really take care of her so why she think that this would be a good idea of separating the baby from me, her momma? I’m not smoking, not drinking, never had any speeding ticket or else, my record is virgin and I’m feeding my baby only organic very healthy and baby balanced nutrition (as I am nutritionist and got MBA too), they tell me I’m too fancy and should give her some mess that totally inappropriate for a baby at all. Grandma don’t cook just eat fast food and drinks sodas. It’s her choice but I don’t want my beautiful and healthy baby to be eating any mess like candies and co.
Please tell this never gonna happen, that she’ll get taken away from me I’ll die if this happens. I’ve waited my entire life to have finally my own baby and family and now they are trying to intimidate me. Her father when I was 5-6 weeks pregnant he attacked me last year and he got arrested. Afterward I helped him to get dropped the charges because I didn’t want my daughter to have a daddy with such record since he already have another old records. I was trying to separate from him while I was still pregnant but than decided to stick to him so my baby can have her daddy. Now it’s not working and I can’t take it no more so here we are. What should I do ? I don’t want to loose my baby.
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