Divorce can be messy and challenging, especially when children and child custody are involved. Most parents, despite whatever mixed feelings between them and their spouse, care deeply for their children and want to remain connected with them. While this may cause issues during a divorce, it can also impact divorcees’ lives after a divorce. Parenting time schedules and other facets of co-parenting could limit an individual’s personal choices in the future, particularly when it comes to moving out of state.
Moving out of state can complicate child custody matters after a divorce. A majority of parenting plans involve some split of the time between both parents, which may not be feasible to maintain across state lines. Additionally, different states may have different and conflicting child custody laws that could impact the legal nuance of the situation. For parents with child custody moving out of state, it may be beneficial to study and understand how moving can affect child custody rights.
A skilled North Carolina family attorney from King Law Offices may be able to help clarify the legal details of this situation. Consider scheduling your consultation today by calling the office at (888) 748-KING for details.
How North Carolina Laws Impact Relocation
In short, North Carolina state laws do not directly impact moving out of state after a divorce. Some states have a designated “relocation statute” that determines a parent’s relocation rights in conjunction with child custody. However, in North Carolina, these determinations are based on the child custody order as issued by the courts. This means that the specific details of the child custody order may be the primary obstacle to overcome when moving out of state after a divorce. Some child custody orders have specific clauses determining who is allowed to move, whereas others may be more ambiguous and rely on other details in the document. Understanding how a child custody order can impact moving out of state after a divorce may help individuals successfully relocate without being in contempt of the court.
Moving Out of State With Different Types of Custody
There are many types of custody in North Carolina, but the primary divisions are between joint and sole custody. These differences in custody orders could change and impact how relocation is handled after a divorce. The North Carolina Judicial Branch makes a distinction between sole custody and joint custody, clarifying that sole custody means the child lives and is primarily taken care of by one parent. However, the other parent may have certain rights to visit or spend time with the child. Joint custody means that the child lives with both parents, alternating days spent with either caregiver.
Consider speaking with a skilled Forsyth County family lawyer from King Law Offices for more information on North Carolina’s child custody laws.
Sole Custody
Moving out of state when one parent has sole custody may seem easy, but there can be unforeseen complications that could cause issues further on in the process. While one might assume that sole custody gives a parent the right to move wherever they would like, as they do not have a responsibility to the other parent to allow them to take care of and provide for the child. However, just because one parent does not take care of the child does not mean that the other parent has no say or right of access to the child. As per the terms of the child custody order, the other parent may have a right to visit or engage with the child regularly. There could also be a clause that restricts the area that another parent is allowed to move to.
Joint Custody
Joint custody may also be complicated when moving out of state, for more obvious reasons. If one parent is expected to take care of the child for a certain number of days a week, moving several hours away could hinder their ability to do so or provide unnecessary complications. Moving out of state after a divorce often requires a large amount of collaboration, as joint custody expectations may interfere with this process. Moving out of state without consulting the other spouse who has joint custody could be considered a violation of the child custody order and put the individual in contempt of the court.
Steps to Take When Moving Out of State
Since there is no “relocation statute” that covers all legal issues of this type, the process of moving out of state after a divorce will largely depend on the individual couple and their child custody order. Understanding the particulars of child custody orders and navigating with open communication between spouses can be beneficial for individuals wanting to move out of state. Additionally, mediation or the assistance of a skilled legal professional can help.
Review Child Custody Order
One of the primary steps to consider moving out of state after a divorce is carefully reviewing the child custody order. The court will approve an official child custody order after a divorce that may include parenting time schedules, expectations for co-parenting, and other rules and restrictions. Depending on the individual divorce case, this document may or may not give detailed guidelines for moving out of state. According to the North Carolina Bar Association, these orders are often subject to change with court approval.
Speak With Ex-Spouse
Additionally, open communication with your ex-spouse is helpful, particularly if the child custody order does not include specific details regarding relocation. Leaving the state without notifying the other parent could even be considered parental kidnapping in some circumstances. Advance notice and effective communication can help equip and prepare ex-spouses to adjust to the idea and respond accordingly. If the ex-spouse is comfortable with the idea and willing to agree, this can dramatically reduce conflict and legal challenges. Even if the child custody order restricts moving out of state, the agreement of the other parent could allow the courts to issue a modification of the child custody order.
Speak with a North Carolina Family Lawyer
Moving out of state after a divorce can be incredibly challenging, particularly if the child custody order restricts relocation. However, that does not mean it is impossible. With effort and legal acumen, one can navigate these challenges and proceed as planned. Additionally, as family courts make decisions for the best interests of the child, proving that moving out of state is what is best for the child could strengthen an argument. For more details, consider speaking with a Haywood County family lawyer from King Law Offices and learn more about North Carolina relocation laws after a divorce. Schedule an initial consultation today by calling (888) 748-KING.