For most people, divorce is one of life’s most significant changes. Relocation is often another. What happens when you have to confront both, one after the other? This is an issue that many families face today. Sometimes, a move is planned – because, after a particularly painful and difficult divorce, a change of scenery may simply be needed. In other cases, relocation is required because of a job, to be with a sick family member, or for any number of other reasons. Regardless of the reason, it’s important to understand North Carolina child custody relocation laws and how moving after a divorce can affect your legal rights and custody arrangements. Let’s take a closer look at the law together.
A Look at the Reasons for Relocation
It goes without saying that when a relocation involves moving a child away from their other parent, it will certainly be difficult emotionally in some ways. This is particularly true if the child has a positive relationship with the other parent and if that parent is highly involved in the child’s life. On the other hand, if you are the parent relocating and leaving your children behind for a good portion of the year, that certainly won’t be easy for you either. A relocation obviously also brings about change, and depending on the age of the children and how long they’ve lived in their current community, this can be particularly difficult, too.
Sometimes, however, a relocation can’t be avoided. Although relocation can be challenging for children in some ways, it can also foster resilience and adaptability, helping them build confidence as they confront and work through new situations and adjust to a new place. It can also promote bonding and growth in relationships when you embark on new adventures and try new things together. This is not to mention the fact that if you are relocating for a job, the move may make good financial sense and allow you to provide more for your children in the future than you might otherwise be able to. If you are relocating to be closer to family, your children may form new bonds with family members that they previously did not have.
It’s also important to realize that, in today’s world, although being far apart is challenging, technology allows people to remain closer together than ever before. Through FaceTime, Zoom, and other technologies, those who live far apart can still see one another’s faces and communicate in a way that is far different from the letter writing or long-distance phone calls of the past. This is not to say that a relocation will always be easy, but it can be manageable. If you have truly decided that relocation is the best option, it is still essential to ensure that you do so through the correct legal channels.
How Did You Resolve Your Divorce-Related Issues?
It is essential to understand that if you have decided to relocate, you must still comply with the law. The truth is that the law certainly frowns upon one parent relocating and taking the children without either the agreement of the other parent, permission from the court, or both. Doing so could cause significant legal consequences that you certainly want to avoid. How you seek “permission” to relocate through proper channels will depend in part upon how you initially resolved the issues in your divorce.
North Carolina, like other states, offers two primary options for resolving divorce-related issues. The first step is to negotiate and resolve issues outside of court through a settlement agreement created by the parties with the assistance of a mediator or a collaborative law process involving their attorneys. The second option is to have a court review and decide the disputed issues.
Out-of-Court Settlement Agreement
One of the many advantages of negotiating and resolving issues outside of a courtroom setting is that a couple truly has the freedom and flexibility to find solutions that work best for everyone involved. The issue of relocation is no exception. If you or your spouse has a job that frequently requires relocation, you have already reviewed and addressed this issue in your agreement. If so, the terms of your agreement on this issue will be controlling, and you will be required to abide by them until and unless they are later changed.
In many cases, however, an agreement does not specifically address relocation but typically does set forth a child custody arrangement between the parties. Often, we are asked what happens if an agreement prohibits relocation or provides for a custody arrangement, such as alternating the children from week to week or every few days, that would be made impossible by a long-distance move. In such situations, it is essential to recognize that you cannot simply move in violation of the agreement. Doing so could create serious legal consequences and may even jeopardize your custodial time with your children in the long run.
If you find yourself in this situation, the first and best option is to speak with your spouse, explain the reasons for the relocation, and attempt to modify the agreement in a way that works well for everyone. One of the benefits of having an out-of-court agreement is that couples can modify the agreement at any time they choose, as long as both parties are willing. What happens, however, if your spouse is not willing to do so?
If your spouse is unwilling to modify your divorce settlement agreement in the event of a relocation, your only remaining option is to either change your plans, give up some of the custodial rights that you may have had under the agreement, and move without your children, or seek a court order.
Understandably, seeking an order from the court may be a challenging and time-consuming process, potentially resulting in increased expenses and stress. It’s also important to know that when these issues are presented to a court, modification of something that two people previously agreed on is not easily granted. To obtain court-ordered permission to relocate, the person seeking the move must demonstrate, through substantial evidence, that the relocation is in the best interest of the children involved. To make this determination, a court will review all evidence and arguments presented by the parties and ultimately render a decision. That decision will be binding until and unless a court later modifies it in the future.
Courtroom Litigation
In some circumstances, for various reasons, a couple may be unable to negotiate and resolve their divorce issues by mutual agreement. In those instances, a court will ultimately issue a divorce order that addresses various issues, including child custody and, in some circumstances, relocation. Often, however, relocation is not specifically addressed by a court in an initial divorce order unless there is some reason for it to do so.
Nevertheless, court orders do typically specify custody arrangements. As we have noted, if two spouses share 50-50 custody, a relocation may make exercising that custody as set out in the court order impossible. In that case, it will be necessary to seek modification from the court. As we discussed above, the court will want to ensure that any modification is in the best interest of the children, and depending upon the circumstances, such a request may or may not be granted.
At The Law Office of Dustin McCrary, we know that during the divorce process and after, you always want to do what’s best for your children. Sometimes, though, that can seem confusing. It can be challenging to understand how the law may differ from one state to another and what steps you should take to ensure that you do everything possible to protect your children after a relocation and to ensure they are as happy and healthy as possible. That’s where we come in.
At The Law Office of Dustin McCrary, we know and understand every aspect of divorce law, and we’ll help you think through the issues you face and find solutions that work best for you and your family. It won’t always be an easy process, but with the right guidance, it can be a journey that leads to a better and brighter chapter ahead. We’re here to help you get there. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.
The Law Office of Dustin McCrary: Here For You
At The Law Office of Dustin McCrary, we know that during the divorce process and after, you always want to do what’s best for your children. Sometimes, though, that can seem confusing. It can be challenging to understand how the law may differ from one state to another and what steps you should take to ensure that you do everything possible to protect your children after a relocation and to ensure they are as happy and healthy as possible. That’s where we come in.
At The Law Office of Dustin McCrary, we know and understand every aspect of divorce law, and we’ll help you think through the issues you face and find solutions that work best for you and your family. It won’t always be an easy process, but with the right guidance, it can be a journey that leads to a better and brighter chapter ahead. We’re here to help you get there. If you’re ready to get started, give us a call today. We look forward to speaking with you soon. Contact our office today to schedule a consultation.