Child custody and relocation

Unlike many other states, North Carolina does not have any special law when it comes to single parents who have to move either out of state or even to another part of North Carolina, which can be hundreds of miles from Statesville.

There is no question, however, that parents might need to move with their children, even if doing so means the children’s other parent will have to travel further to see the children following the move.

The first thing parents in this situation will want to do is read over the current child custody and parenting time order carefully. Many times, judges will enter specific directions as to how they want to see parental moves handled. These directions might include rules about how much advanced notice a person needs to give before moving and what information that notice needs to include.

If the child custody order does not say anything one way or the other, and assuming that the other parent will not agree to the move, then a parent is left with a difficult decision. On the one hand, there is nothing that actually keeps the parent from moving; however, the other parent does have the option of seeking a change in custody based on the more general “substantial change of circumstances,” which can include a move of a considerable distance.

Although North Carolina parents who need to move might not have the same legal hurdles as those parents from other states, they should still strongly consider consulting with an experienced family law attorney before taking any action, as moving can still create additional child custody issues for the parent.