When it comes to relocating out of state after a divorce custody North Carolina, it’s important to understand both the personal and legal implications involved. Our world today is one of constant movement, often quite literally. For various reasons, the need to relocate may arise. Sometimes, moving is required for a career. In other cases, a move makes sense to be closer to family. Sometimes, you may need to relocate for health-related reasons. In other situations, you may simply want a change of scenery. Whatever the reason, if a move is required, it represents a significant life change. This can be especially true when a relocation is required after a divorce. While relocating after a divorce may be necessary and even beneficial, there are legal considerations regarding child custody that should be addressed. Let’s take a closer look at the law together.
A Look at the Impacts of Relocation
Following a divorce, relocation may be necessary for any number of reasons – but that doesn’t mean that it won’t have a variety of impacts, financially and emotionally. This doesn’t mean that making a move is the wrong choice – it simply means that you should consider all the potential consequences and ramifications before making a decision.
Certainly, relocating can have a significant financial impact one way or another. If you’re moving for a new job or a promotion, the financial impact is likely to be positive. However, it’s also important to consider the expenses of moving itself, as well as the cost of living in your new location. The cost of living in North Carolina, for example, is slightly lower than average in the United States. If you were to move to a significantly more expensive area, the cost of living should certainly be taken into consideration.
It’s also important to understand that regardless of where you relocate, your financial obligations following a divorce will remain the same. This means that if you agreed to pay spousal or child support (or if a court ordered you to do so), you will still be obligated to do so after your move. Relocation does not alter those obligations in any way.
In addition to the financial impacts of relocation, there can also be emotional impacts. You may have older children who are particularly attached to their friend groups and extracurricular activities. If so, leaving may be difficult emotionally. You may also be leaving family or an extended support network of another kind. In that case, moving to a new place without that support network can be difficult from an emotional perspective.
On the other hand, it can also be true that moving can encourage resilience in children. Being in a new place and learning to adapt, meeting new people, and trying new things – all of this can seem daunting at times. In the end, though, doing so successfully can also build confidence. It can also create closeness as you navigate a new place and share new experiences together. In addition, having new experiences can often be fun and exciting, which is also positive.
In the end, relocating may be necessary, or it may be by choice. Regardless, assessing the potential impacts and making an informed decision is important. As you make that decision, you also need to be aware of how the decision may be affected by the resolution of your divorce, regardless of whether it was resolved by agreement or in court.
What Does the Law Say About Relocation?
It is essential to understand that in North Carolina, you cannot move out of state with your child without either the court’s permission or the consent of the other parent. While it may be tempting to do so anyway if you feel that the other parent is being unreasonable or extremely difficult, doing so would not be wise. In fact, doing so without agreement or permission could even create grounds for the other parent to seek emergency custody of your children if he or she can establish that a “substantial risk” exists that the child will be abducted or removed from North Carolina without consent.
It’s also important to understand that for a period of six months after the children are removed from North Carolina, North Carolina courts will still have jurisdiction over the children. As a result, the parent who remains in North Carolina may be able to petition the court for a custody order, even if the child lives in another state. This would understandably be very stressful and difficult, not only for you but also for your children.
For these and many other reasons, it’s essential to carefully consider a relocation and proceed in accordance with the law if you ultimately decide that a relocation is the best course of action. Although it may be difficult and frustrating at times, seeking agreement from your spouse is always best. If you are unable to obtain consent, pursuing the matter in court prior to moving is essential.
Seeking Approval for a Move
In North Carolina, there are two ways to resolve divorce-related issues. The first is in a divorce settlement agreement negotiated outside of court, and the second is through a court order entered after issues are presented to and addressed by a judge. The manner in which your issues are addressed will ultimately affect the way you must seek modification if you desire to relocate.
As a general rule, if you and your spouse negotiated and resolved your divorce-related issues outside of court, you can also make any desired modifications outside of court as well, provided that both spouses agree. In other cases, if a court entered the initial divorce order, it will be up to the court to modify that agreement as well, if and when modification becomes necessary.
In many cases, your custody order or agreement will not explicitly prohibit you from moving out of state with your child. By default, however, it may simply not be practical to do so. For example, if you share 50/50 custody with your co-parent, relocating across the country will likely prevent you from exercising that custody fully. In other circumstances, however, it’s possible that your agreement or court order may already provide room for relocation without modification. For example, if one parent has custody only during school holidays or in the summer, a relocation may be possible without requiring modification of the agreement or order. If this is not the case, however, seeking modification of the agreement or order will be absolutely necessary prior to making a move.
Understandably, all of this information may seem complicated and overwhelming. This is especially true if you are in a situation where you need to make a relocation quickly and want to ensure that you can do so without violating the law. The good news is that help is available. At The Law Office of Dustin McCrary, we’re here for you.
The Law Office of Dustin McCrary – With You Each Step Of The Way
Divorce is a very significant life change, even in the best of circumstances. Relocation can also be a very significant change. When you combine these two changes, you have a lot to process and many decisions to make about how to move forward effectively. That’s where we come in. At The Law Office of Dustin McCrary, we understand every aspect of the divorce process, and we’re here to help you through it. We know the struggles that our clients face, and we are committed to helping you face those challenges with confidence and optimism about the future ahead. Wherever you find yourself on this journey, we’ll meet you there, and we’ll walk with you every step of the way. If you’re ready to take that first step today, give us a call. We look forward to speaking with you soon.