Relocating can significantly impact child custody and parenting time arrangements. As a result, co-parents in North Carolina must carefully consider how a move might affect their legal rights and the well-being of their children.
When one parent contemplates relocation, it is important to understand any potential challenges that may arise under state law. North Carolina courts work to prioritize the best interests of children when evaluating any proposed change to custody or parenting time, and relocation cases are no exception.
Primary concerns and considerations
Relocation can introduce logistical challenges into a co-parenting scenario that may affect both the frequency and quality of parenting time. When a parent moves, distance becomes a factor in determining parenting time schedules, and travel arrangements may require adjustments to existing plans. In some instances, the courts may modify a current custody order to accommodate the new geographic realities, which can result in reducing the amount of time that one parent spends with their child or requiring longer, less frequent stretches of parenting time to accommodate the move.
Such modifications are made with the intention of preserving a meaningful relationship between the child and both parents while also considering the practical difficulties of long-distance travel. Parents can opt to agree on relocation arrangements, and they can formalize their decisions with the assistance of their legal teams. However, a parent can potentially seek the court’s permission to relocate, even if their co-parent resists this turn of events.
North Carolina law does not prohibit relocation, but it does impose a responsibility on the relocating parent to demonstrate that the move will not adversely affect their child’s welfare nor unjustly/unnecessarily trod upon the rights of the child’s other parent. This often involves presenting evidence that the new location offers opportunities for a better quality of life, such as improved educational or extracurricular activities, and that the relocation is in line with the child’s best interests.
Courts generally examine the reason for a move, the distance involved and the feasibility of maintaining regular contact between a child and their non-relocating parent before making any determinations in a contested relocation case either way. Seeking legal guidance proactively can help parents seeking to relocate – or resist the relocation request of a co-parent – to fully explore their rights and options.