In this article, you will learn…
- How to relocate with a child when there’s a custody order in place,
- The benefits of consulting with a child custody lawyer before relocating with a child, and
- How to seek a change to child support when relocating with a child.
Can One Parent Relocate With A Child To Another City, County Or State?
Yes, one parent can relocate with a child to another city, county, or state. However, they should always seek court approval prior to doing so.
When there is a court case that is already within the North Carolina system that lays out child custody, relocation without first seeking court approval can lead to very messy circumstances. Oftentimes, relocating without court approval can result in not being granted relocation approval at a later date. This means you would have to move the minor child back, per the original custody arrangement.
The only circumstance where a court may be favorable of relocation prior to court approval would be if there is a situation of continued domestic violence.
If A Relocation Does Not Really Impact The Custody Arrangement With The Other Parent, Do I Really Need To Make A Formal Family Court Petition In North Carolina?
Even if a relocation doesn’t really impact the custody arrangement with the other parent, you will want to either get written permission from the other parent or the court to order it. There may be limitations that prevent you from moving, even if it’s just across state lines where you’re still within a very accessible location for the other party.
There could be jurisdiction and enforceability issues, so it’s always best to seek a formal petition to relocate prior to relocating with a minor child when a custody arrangement is in place.
A written notice is sufficient for relocation if…
- You are moving to a city or county that’s nearby,
- The move doesn’t adversely affect the well-being of the child, and
- The move doesn’t prevent the other party from their visitation rights.
Do I Need A Child Custody Lawyer To Apply For A Relocation With My Child?
It’s always a great idea to seek the advice of a child custody lawyer to make a determination of whether or not a relocation for your child would be approved. The court is going to look at a number of factors when determining whether or not it is appropriate for a child to move. Those factors come down to a very specific set of instances that the court will look at to determine whether or not the relocation is appropriate. The court will look at…
- The advantages of that relocation for the capacity to improve the life of the child,
- The motives of the custodial parent who’s seeking to move the child to another location,
- The likelihood that the custodial parent will comply with the visitation order,
- Why the non-custodial parent is resisting the relocation, and
- The likelihood a realistic visitation schedule can be arranged which will preserve the relationship with a non-custodial parent and the minor child.
Will The Court Automatically Adjust Child Support Payments If The Court Grants A Relocation Petition?
The court will not automatically adjust child support payments if a relocation petition is granted. You will need to file a claim to modify the child support that will be contemporaneous with the request to modify the custody schedule.
Anytime that a petition is made to consider the modification of child custody, that would substantially affect the time that a child is spending with each parent. It’s important for the court to also consider the issue of child support at that time.
For more information on Relocating With A Child After Divorce In NC, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (980) 324-3099 today.