Do Parents with Shared Custody Need Permission to Relocate?

Do Parents with Shared Custody Need Permission to Relocate?

Relocating with shared custody can be a challenging process, especially when navigating North Carolina’s legal requirements. Understanding your obligations and the steps involved is essential to ensuring you remain compliant with custody orders while prioritizing your children’s best interests. At Waple & Houk, PLLC, our experienced family law attorneys are here to guide you through every step of this complex situation.

Here’s what parents with shared custody should know about relocating:

• You may need court approval or your co-parent’s agreement to move
• Your existing custody order dictates whether relocation is permissible
• North Carolina courts prioritize the children’s best interests in relocation cases
• Moving without proper authorization can result in serious legal consequences

Does Your Custody Order Allow You to Relocate?

The first step in any relocation decision is to carefully review your current child custody order. This document serves as your legal roadmap and determines whether you can move without seeking additional permission. Ask yourself these critical questions: Does moving affect your ability to follow the custody schedule? Will your relocation cause you to violate the terms of the order? For example, if your custody arrangement requires you to be available for midweek visits or alternating weekends, a move several hours away could make it impossible to comply with these terms.

If your proposed move would interfere with the existing custody arrangement, you cannot simply pack up and leave. Doing so could put you in contempt of court, which carries serious legal consequences, including fines or even changes to your custody rights.

Will Your Co-Parent Agree to the Move?

Before heading to court, it’s often worth having a direct conversation with your ex-spouse about your relocation plans. Approaching this discussion with respect and transparency can sometimes lead to an amicable solution that works for everyone involved.

If your co-parent agrees to the move, you’ll still need to formalize this arrangement through the court system. Both parties should work with their respective attorneys to draft a modified custody agreement that reflects the new arrangement. This revised agreement must be submitted to the court for approval. A judge will review it to ensure the new plan remains in the children’s best interests before signing off.

Remember that even if your co-parent verbally agrees to the relocation, this agreement holds no legal weight until it’s officially approved by the court.

What If There’s No Formal Custody Agreement?

Parents sometimes assume that a lack of a formal custody agreement grants them freedom to relocate. However, this assumption can lead to significant legal complications. Under the Uniform Child-Custody Jurisdiction and Enforcement Act, your co-parent can petition the court to return your child to North Carolina if it’s considered the child’s home state. Courts often view unauthorized relocations unfavorably. If your co-parent files a custody petition due to your move, you could be at a disadvantage in subsequent legal proceedings.

The safest approach is to establish a formal custody agreement before relocating, even if you and your ex-spouse have been operating on an informal arrangement.

What If You Share Physical Custody and Don’t Want Your Children to Move?

If your co-parent is the one proposing a move and you oppose it, you have legal options to explore. North Carolina courts typically only modify custody arrangements when new circumstances affect the children’s well-being or when changes serve their best interests. To successfully oppose a relocation, you must convince the judge that your children are better off remaining in their current location with you as their primary residential parent.

Possible arguments against relocation might include:

• The children have established deep roots in their current community, including close friendships and extended family relationships
• They’re actively involved in school activities, sports programs and extracurricular pursuits that would be disrupted
• The move would significantly reduce your parenting time and involvement in their daily lives
• Travel between households would become logistically challenging and emotionally taxing for the children
• The relocation would create substantial financial burdens related to travel and childcare

Making the Right Decision for Your Family

Relocation cases involving shared custody require careful consideration, thorough preparation and sound legal guidance. Whether you’re the parent seeking to move or the one opposing relocation, understanding North Carolina’s custody laws and working with experienced legal counsel is essential to protecting your rights and your children’s well-being. At Waple & Houk, PLLC, we understand the emotional and legal complexities involved in these situations. Contact us today to discuss your specific circumstances.