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Relocating with the kids after a divorce

On Behalf of | Jan 12, 2021 | Family Law |

For many divorced people in North Carolina, part of moving on following the dissolution of their marriages may include relocating to another state. Indeed, according to Moving.com, more than 10% of the U.S. population relocates every year (with many citing familial issues as the reason). Local family courts typically will not bar a divorcee from moving; they can, however, keep them from taking their kids with them.

Indeed, in cases where a relocation may dramatically impact a divorced couple’s custody agreement, the relocating parent must take certain steps to meet the demands of the court prior to moving. If not, then the North Carolina General Assembly points out that the state’s statutes enable local courts to issue orders to keep parents from moving with their kids under the penalty of losing custody.

Collaborating to modify a custody agreement

Those looking to move away from North Carolina must inform all interested parties to their child custody arrangements of their intentions. They may be able to take control of any changes to their agreement by working with their ex-spouses to come up with their own modifications. As long as those changes do not place an undue burden on the nonrelocating parent maintaining contact with the kids, the court will often approve them.

Determining what is in the children’s best interest

Should a divorced couple not agree on an amended custody agreement prior to one relocating, the court then decides whether to allow the relocating parent to take the kids with them. Factors it considers when making this determination include:

  • Whether the move will improve the children’s quality of life
  • The likelihood both parents will comply with the amended agreement
  • Whether a reasonable custody arrangement is possible that maintains the nonrelocating parent’s relationship with the kids

The court also considers both parents’ motives in regard to relocation when making changes to their custody arrangement.