Family Law
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After a divorce, the idea of starting fresh somewhere new can feel like an appealing next chapter. Maybe you’ve received a job offer in another state, or family support awaits you elsewhere. Perhaps you simply want a change of scenery and a clean slate. Whatever the reason, if you share custody of your child, the decision to move out of state becomes significantly more complicated than packing boxes and updating your address.
In North Carolina, relocating with your child after divorce isn’t a matter of personal choice alone. The law recognizes that moving away affects your child’s relationship with their other parent, and the courts take these decisions seriously. Understanding your legal obligations and the factors courts consider can make the difference between a smooth transition and a contentious legal battle.
What Does North Carolina Law Say About Relocating with a Child?
Some parents believe that having primary custody gives them the automatic right to move wherever they choose. This is a common misconception that can lead to serious legal consequences. Even as the primary custodial parent, you cannot simply relocate without following the proper legal process which includes the consent of the other parent or a court order allowing the move.
How Do Courts Decide Whether to Allow a Move?
When a parent objects to a proposed relocation it is generally best to obtain a court order allowing the move prior to relocation, In determining whether or not to allow the move, the court must weigh numerous factors to determine what’s best for the child. The burden of proof falls on the parent who wants to move, so you’ll need to demonstrate that the relocation serves your child’s best interests, not just your own preferences or convenience.
Judges consider many factors in deciding whether a move is in the child’s best interests including the reasons behind your move. A legitimate job opportunity that significantly improves your family’s financial situation carries more weight than a desire for a change of scenery. They’ll examine how the move affects your child’s relationship with the other parent and whether a realistic custody schedule can maintain that bond despite the distance. The quality of life in the new location matters too, including schools, community, and support systems.
Courts also look at your child’s relationship with extended family, friends, and their community. A teenager deeply rooted in their school and social circle faces different considerations than a toddler. Your history of fostering the other parent’s relationship with your child will come under scrutiny as well. If you’ve consistently supported their involvement, the court may view your relocation request more favorably than if you’ve previously tried to limit their access.
The other parent’s reasons for objecting matter too. Are they genuinely concerned about maintaining their relationship with the child, or are they objecting out of spite or a desire to control your life? Courts can usually distinguish between legitimate concerns and improper motives.
What Happens If I Move Without Permission?
Moving out of state with your child without following proper legal procedures can result in serious consequences. The court can hold you in contempt, which may include fines or even jail time. More significantly, a judge might modify the custody arrangement in favor of the other parent. Some parents have lost primary custody entirely after relocating without permission.
Beyond the legal ramifications, moving without authorization damages your credibility with the court. If you’re willing to disregard a court order or legal requirement, a judge may question whether you’ll respect future orders or prioritize your child’s need for a relationship with their other parent. This loss of trust can affect not just the relocation decision but other aspects of your custody arrangement going forward.
Even if you believe you have good reasons for the move or think the other parent won’t really mind, taking unilateral action puts you at risk. The proper legal channels exist for a reason, and following them protects both you and your child.
How Can Kelly Thompson Family Law Help with Your Relocation Case?
Relocation cases require careful planning and strategic presentation. At Kelly Thompson Family Law, we understand that your desire to move often stems from legitimate needs, whether that’s career advancement, family support, or other important life circumstances. We also recognize that the other parent’s concerns deserve consideration and that your child’s wellbeing must remain the focus.
Our approach involves thoroughly preparing your case by gathering documentation that supports your reasons for moving and developing a realistic custody plan that maintains your child’s relationship with their other parent. We help you understand what the court will want to see and how to present your situation in the most favorable light. Because we focus heavily on custody cases, we’ve guided many parents through this exact situation.
As a small firm, we can provide the personalized attention your case deserves at a price point that makes quality legal representation accessible. We’ll work with you to explore all options and develop a strategy that considers both the immediate legal questions and the long-term impact on your family’s future. This situation affects your child’s life for years to come, and the decisions you make now matter.
If you’re considering a move out of state or if your child’s other parent has notified you of their intent to relocate, don’t try to handle this alone. Contact Kelly Thompson Family Law to schedule a consultation. We’ll help you understand your rights, evaluate your options, and develop a path forward that protects what matters most, your relationship with your child.