The custodial parent move away issue is an important aspect of North Carolina divorce. While the law cannot stop the custodial parent from moving, it can stop the parent from removing the child from the state.
There are two issues, which are of concern to the court while considering custodial parent move away issues – the likely disruption to the child caused by the move and the disruption caused by reduced time spent with the non-custodial parent.
When the Custodial Parent Wants to Move Away
The non-custodial parent can file a motion to oppose the move away. The burden is on the moving parent to show that the move is in the best interest of the child and that the new place offers better educational or life opportunities for the child.
Some of the reasons that the court may consider for the custodial parent move away include a better paying employment offer out of state, proximity to family support system and better employment offer for the current spouse. The court has to be satisfied that this is not a deliberate move to keep the child away from the non-custodial parent.
The court will also consider reasons where the ex-spouse is physically or mentally harassing the custodial parent.
Only when the court is satisfied with the reasons for the move away, will it proceed ahead to determine the best interest of the child in order to approve or oppose the move.
When the parent move away is approved, it is accompanied by a changed visitation schedule, which the custodial parent has to comply with.
Seek Legal Assistance
If the custodial parent fails to notify the spouse about the move through the appropriate legal channels, he /she can face contempt of court charges or even kidnapping charges. We at McIlveen Family Law Firm represent custodial parents who want to move away. We also offer our services to non-custodial parents who oppose the custodial parent move away.
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