Am I Able to Move with my Child After a Divorce?

Unlike other states, North Carolina does not have detailed laws and procedures for when a parent who has a custody order wants to move.

The first thing the parent should do therefore is refer to their child custody order. This is true whether the parent is divorced or is unmarried but did legally establish custody and child support.

The court’s order will likely explain both whether parents can move and the process for doing so. Until they change them, courts will expect all their orders to be followed regardless of where a parent wants to live.

Sometimes, the order will indirectly address moves. For example, if the parents are each supposed to have their children roughly half the time, following that order would be difficult if one parent wants to move hundreds of miles away.

On the other hand, in the same circumstances, a move up the street would probably involve little more than providing the new address to the other parent.

What can I do to protect myself legally if I need to move?

Generally, the safest course of action if a parent in the Charlotte area needs to move is either to get the other parent to agree to it or get the court’s permission by asking for a change in the court’s custody orders.

There may be some exceptions depending on the circumstances. For example, victims of domestic violence should make sure they understand all their legal options, as they are entitled to protection from further abuse.

Even if the parents can agree to a move, the process will involve negotiating and filing a new agreement with the court.  The parents may have to revise their existing parenting plan substantially.

If a parent needs to return to court to get permission for a move, they will need to be able to show how the move will serve the best interests of the children involved. North Carolina courts will not allow changes for trivial reasons or for reasons that do not seem to help the children.