How Far Can a Parent Move with Joint Custody in North Carolina?
How Far Can a Parent Move with Joint Custody in North Carolina?
Even if you’ve been separated from your former spouse for a long time, having shared custody of minor children can still make you feel tied down. What happens if you get a great new job opportunity a few towns over? Or if other opportunities or obligations—a sick parent, a new relationship, a need to find more affordable housing—pull you far from where your ex-spouse and child currently live? How far is too far?
You might be surprised to discover that, under North Carolina law, there is no specific rule for how far a separated parent can move with a child. However, your existing child custody order or separation agreement (if you have one) almost certainly includes terms (such as a visitation schedule) that would be difficult or impossible to fulfill if you decide to move a long distance away.
If you are a divorced or separated parent and are considering relocating with your child, you should know that you might not be allowed to move, especially if the court decides the relocation is not in the child’s best interest. If you’re considering moving more than a few miles away, we strongly recommend consulting with a North Carolina family law attorney beforehand. You will likely need permission from the other parent or the court, and to modify your child custody arrangement.
5 Key Child Custody Terms
Child custody can be complicated, so before you dive into whether you can relocate with your child, make sure you understand these five custody terms:
- Primary Custodial Parent: The parent who has primary physical custody of the child — meaning the child lives with that parent most of the time.
- Legal Custody: The right to make decisions for the child that have long-term significance, such as decisions about education, religious practice, and healthcare.
- Joint Custody: Both parents have relatively equal physical and/or legal custody of the child.
- Visitation: The time the child spends with the parent who does not have primary custody, as outlined in the custody agreement.
- Relocation: The custodial parent is seeking to move away with the child — either out of state or a certain distance away.
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SCHEDULE YOUR CONSULTATIONWhat Determines How Far I Can Relocate with My Child?
If the Move Is a Short Distance:
The first thing you should do before moving is carefully review your separation agreement or custody order with an attorney. In addition to a visitation schedule, your child custody arrangements may specify a certain mileage radius you are allowed to move.
If the move does not violate the existing custody arrangement terms and is unlikely to significantly impact your child’s day-to-day life, then there shouldn’t be any problems.
However, to move your child out of the state or a considerable distance within the state, you will need either an agreement with the other parent or court approval of a custody modification if you cannot agree.
If the Other Parent Agrees to the Move:
If you have a good co-parenting relationship with your ex-spouse and you both agree that relocation is in your child’s best interest, you may mutually work out a new custody arrangement. This might mean changes to the agreement over where your child can live, visitation schedule, child support payments, and more.
Both you and your ex-spouse will need to sign a consent order and submit it to the court for approval. Each parent should work with their own attorney to ensure that the terms truly are fair, equitable, and likely to be approved by the judge.
If the Other Parent Objects to the Move:
If you are trying to move your child out of state or a significant distance away and cannot reach an agreement about the relocation with the other parent, the court has the right to determine whether your child can move.
You must establish two things to convince a judge to modify your custody order:
· There has been a substantial change in circumstances that affects the welfare of your child. Simply getting a new job or marrying a new partner will not necessarily count as a substantial change in the eyes of the court.
· Modifying the custody order is in the best interests of the child. North Carolina law recognizes that children typically benefit from having meaningful relationships with both parents. If your relocation means your ex-spouse will have significantly less time with your children, you will need to make a very strong case that your move is truly in your child’s interest (and not just your own).
There are often advantages and disadvantages regarding the relocation of a child during a custody case. So, if the advantages outweigh the disadvantages, the court will likely permit the move.
What Will the Court Consider When Determining the Best Interests of the Child?
The court will have to determine whether, in the judge’s opinion, the move is in the best interest of the child. The judge will consider a variety of factors in a move-away case, including:
1. What are the advantages of the relocation in terms of improving the child’s life?
This factor looks at how the move will make life better for the child. Examples may include moving closer to the parent’s family so there is a better support network, whether the schools are substantially better in the new location, or if the child has a chronic health condition and will have better access to care.
2. What are the motives of the primary custodial parent in seeking the move?
Sometimes, a parent will attempt to move out of state to avoid court rulings or make visitation more difficult. These are certainly negative reasons to move, and the court will not look favorably on them. However, if you have a legitimate reason to move, such as for a new job, safer neighborhood, or better school district, your motives are more likely to be viewed as having a positive impact on the child.
3. What is the likelihood that the primary custodial parent will comply with visitation orders?
Depending on how far you are trying to relocate, visitation could become difficult. A realistic visitation schedule will need to be worked out with the other parent. The court will consider how likely you are to comply with the visitation agreement and assist the other parent with their visitation rights and arrangements.
4. Does the noncustodial parent have a reason to resist the relocation?
Sometimes a noncustodial parent may have legitimate reasons to resist the child’s relocation. If the noncustodial parent has a concern about how the relocation will affect the child or their relationship with the child, they will likely hire an attorney to help them present a strong argument against the relocation. You should always keep the child’s best interests in mind, but if you believe the noncustodial parent would be wrong to resist the relocation, hire an experienced family law attorney to help support your move.
5. Will the relocation significantly weaken the noncustodial parent’s relationship with the child?
The stress and hassle of long-distance visitation and travel arrangements can make visits less frequent, shorter, and less enjoyable. If the relocation is likely to have a serious negative effect on the child’s relationship with the noncustodial parent, the court may deny the request. In this case, it is important to prove to the court that you will do whatever is necessary to help the noncustodial parent foster their relationship with your child.
The judge should consider all the factors outlined above, and no one factor trumps the others. There may also be other factors to bring up when supporting or opposing a move, depending on the facts of your case.
Myers Law Firm: Experienced Family Law and Child Custody Attorneys
If you have questions about whether you need to get approval to move or if you need help convincing a court that you should be able to relocate with your child, you should speak with an experienced family law and child custody attorney. Our Charlotte family law and child custody attorneys will help you understand your rights and options.
Call today at 1-888-376-ATTY (2889) or complete this brief online form for your free consultation.
References
Definitions, Article 1, Chapter 50, N.C. General Statutes. § 50-16.1A. (2015). Retrieved from http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-16.1A.pdf
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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