North Carolina rules for when a parent needs to move

Griffin Law, PLLC
Dec 08, 2017

Although having to move is a part of life that many residents of Statesville, North Carolina, will probably have to experience at some point, the process is never easy.

This is especially true for single parents, as having to move any distance often gets met with resistance from the other parent, who may fear the move will interfere with his or her relationship with the children or, in some cases, prevent the other parent from even visiting the kids.

Like other states, North Carolina has rules that govern the relocation of a parent, but unlike other states, these rules are not terribly specific.

Basically, the law provides that a judge can grant permission in a child custody order for a child to be taken outside of North Carolina, either with or without the condition that the child return to North Carolina. A judge can require a parent to post bond as a condition of taking a child outside of the state.

While the law does not specifically address other types of moves a parent might have to make, such as to another city in North Carolina, it is important to remember that judges have a lot of power to fashion their custody orders to make sure the best interests of the children get protected.

As such, a judge can put in a custody order additional notice and consent requirements that parents must follow should they decide to move. Moreover, a court can also order parents to share custody, which implies that if one parent wants to move, the other parent will have to approve of the change as well.

Of course, a parent who wants to move can always go back to court and get express permission to do so, and this may be the safest option for avoiding legal problems. In any event, a Statesville parent who is subject to a custody or parenting time order should strongly consider sharing any plans to move with a qualified family law attorney.

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