Can You Move Out of NC Without Modifying Your Custody Agreement?

Relocating outside of North Carolina may be an opportunity for a fresh start. If you have an existing North Carolina child custody agreement, however, it is important to understand the implications of leaving the state. The answer to the question, “Can you move out of NC without modifying your custody agreement?” may depend on the specifics of your existing child custody agreement.

Child Custody in North Carolina Explained

A child custody agreement is a legal order issued by a North Carolina court. It details an arrangement between co-parents regarding a child’s physical and legal custody, as well as when and how often a non-custodial parent may spend time with the child.  Custody arrangements are legally binding: they are a tool that protects the rights of parents and children.

In North Carolina, parents may enter a child custody agreement following a divorce or separation. A parent may also request custody or visitation if they have been asked to pay child support.

Though custody disputes often arise in these situations, it is also possible for parents to come to a mutual agreement about the following:

• Physical custody: Who the child resides with and is under the physical care of.
• Legal custody: Who can make decisions about the child’s life, including their medical care, education, and religious upbringing.
• Visitation rights: When and under what conditions can a non-custodial parent spend time with the child.

Physical and legal custody may be shared (joint) or full (sole). Custody arrangements may also address the matter of relocation – allowing for a custodial parent to relocate freely or requiring that they remain in the state. Even if relocation is not mentioned in an agreement, relocating without proper notice to the courts and the other parent may lead to legal consequences.

Potential Consequences of Moving Out of NC Without Modifying a Custody Agreement

When an existing custody agreement explicitly requires a parent to obtain consent from the court or other parent before moving, or if the custody agreement prohibits relocation, a parent can face potentially serious consequences for moving outside of North Carolina without modifying a custody agreement.

• Contempt of Court: Failing to comply with a child custody court order can place a parent in contempt of court, which may result in fines and jail time.
• Criminal Charges: A parent who shares custody or does not have custody of a child may face a charge of custodial interference, kidnapping, or child abduction if they attempt to relocate outside of North Carolina without requesting the court’s permission.

Beyond the serious legal consequences that may arise if you move out of NC without modifying a custody agreement, the move may also negatively affect a child’s well-being and their relationship with the other parent.

Steps to Consider Before Relocating

Violating a child custody order can constitute a serious crime at worst and can place your existing child custody arrangement in jeopardy. It is recommended that you consult a knowledgeable child custody attorney before moving out of state, even when there is no explicit prohibition against relocation.

A qualified attorney may advise you to do the following before relocating:

• Review your child custody agreement and any language regarding relocation.
• Discuss your plans with the other parent.
• File a Motion to Modify a custody modification.
• Gather evidence to prove why relocation may be in the best interest of the child.
• Propose a plan to ensure the other parent can maintain a relationship with the child.

Having an attorney by your side during this process and at a child custody court hearing can prove advantageous, especially if the other co-parent is not in agreement with your relocation. Filing a Motion to Modify can also help avoid future legal disputes.

FAQs

Q: Can I Move Out of State With My Child Without Permission in NC?

A: Whether or not you can move out of state with your child without permission in NC depends on your existing custody agreement. If the agreement prohibits relocation or requires notification before relocation, you may be required to contact the other parent or the court before moving. If you do not have an existing child custody arrangement, you may be able to move if the other parent is not present or does not object to the move.

Q: How Do You Win a Custody Relocation Case?

A: To win a child custody relocation case, you should demonstrate that there has been a substantial change in circumstances. This could be a new job or educational opportunity for you or a new opportunity for your child in another state, for example. You should also be able to show that this change is in the best interest of the child.

Q: Can a Child Custody Case Be Moved to Another State?

A: A child custody case may or may not be moved to another state, depending on the child custody laws in that state. If one parent relocates to another state, the custody agreement may remain in North Carolina as long as the other parent still lives there. It is recommended that you familiarize yourself with child custody laws in NC and the other states before relocating.

Q: How Do You Prove Relocation Is in the Best Interest of the Child?

A: It is up to a family court judge to determine whether or not relocation is in the child’s best interest. They may evaluate factors such as whether a parent can care for a child, if the child can maintain a relationship with their non-custodial parent, and other factors that affect the child’s welfare.

Discuss Relocation and Child Custody With Our Family Law Attorneys

Relocation without modifying an existing child custody arrangement can be tricky. While some parents may be on the same page about a relocation, a co-parent may pose a challenge to a relocation if they believe their parental rights may be threatened. If you are wondering if you can move out of NC without modifying your custody agreement, it may be helpful to speak with a family law attorney.

The attorneys at Lancaster and St. Louis can assist you and your family with all aspects of a child custody dispute, whether you are a custodial parent looking to relocate or a non-custodial parent who needs assistance modifying a custody agreement. Contact our office today to discuss your case.