The American legal system is built on principles like equality and freedom. Freedom to work, freedom of religion, freedom of expression, and crucially for this topic, freedom to parent and raise one’s child as one feels fit. The freedoms of parenting can range from religion to diet, to reasonable measures of punishment, to schooling choices, and to how children are allowed to dress. There are, of course, legal limitations to parental freedoms such as compulsory school attendance, whatever form it may be, and parental abuse that is banned by law.
The freedoms of parenthood are also under court scrutiny in cases of unmarried parents who have shared rights to and custody of their children. One significant limitation imposed by the courts includes the ability of a co-parent to take their child out of their home state, usually, the state shared with the other parent. By definition, the home state of a child is where the child lived with a parent for at least six consecutive months before the start of the child custody proceeding. North Carolina General Statutes (N.C.G.S.A.) § 50-13.2(a) spells out the standard for an out-of-state relocation. Generally, there is an understanding that a parent with joint custody may not make a one-sided decision to move the shared child out of state. However, an order may be granted by the court to allow a parent in a current custody agreement to leave the state with the child.
Numerous North Carolina court cases have emphasized that a move out of state without consultation of the other parent is not in the best interest of the child. And, when a parent is acting outside of the best interests of the child, there can be several negative repercussions. First, the other parent can file for emergency custody and have the child returned to them with greater custody rights than the previous agreement. Second, a court can order that the child be returned to the home state. Additionally, it is even possible to be held in contempt if there was an existing custody order stating that the child must remain in the home state.
Ultimately, the United States legal system is designed to protect the rights and freedoms of American citizens, including the constitutional right to parent one’s child. However, the government may intervene to serve the best interest of the child. In the case of a parent deciding on their own to move a shared child out of state without warning or parental consent, the courts may prohibit such a move and enforce their decision via court order and other punitive measures. So, if you are thinking of moving out of state and you share custody of a child with another person, it would be in your best interest to ensure via agreement or court order that you are allowed to before taking action.
For concerns about child custody, call family law specialists at King Law Offices at 888-748-KING to schedule a consultation with an attorney today. Protect your parental rights and your child’s rights.