Child Relocation After Divorce

Father spending quality time with son after child relocation following divorce

When a parent wants to relocate with a child after divorce, it can create complex legal, logistical, and emotional challenges. Whether you’re the parent relocating with your child or your child’s other parent is moving, it’s essential to have skilled legal guidance. Working with a family law attorney becomes crucial if one parent disputes the move.

The knowledgeable team at Charles R. Ullman & Associates can provide guidance and advocacy throughout your child relocation after divorce process. Because we focus exclusively on family law, we have a deep understanding of North Carolina’s laws, courts, and procedures.

Let us help you protect your child’s best interests – contact us today to schedule a consultation.

The Legal Framework for Child Relocation

While some states prohibit parents from moving outside a specific area after divorce, North Carolina does not. Instead, North Carolina child relocation cases are decided according to the custody order and the child’s best interests.

If a parent with primary custody (the custodial parent) wants to move a significant distance or out of state, they may need court approval. Courts review these requests to ensure that the relocation serves the child’s best interests and the move won’t unfairly disrupt the non-relocating parent’s rights.

Relocation disputes often happen when the custody agreement doesn’t mention moving. In these cases, the relocating parent must either get the other parent’s consent to move or petition the court for approval. When the non-relocating parent objects, the issue typically moves to a court hearing. The judge will review the case and determine whether the move is in the child’s best interests.

Even if your custody agreement includes a relocation clause, it’s not necessarily set in stone. North Carolina family courts recognize that circumstances can change over time, and a relocation clause may no longer serve the child’s best interests. A parent seeking to relocate despite an existing restriction can show evidence that the move is necessary due to significant changes. This might be a new job opportunity or improved living conditions. Similarly, if a relocation clause initially allowed a move but circumstances have changed, the non-relocating parent can request a modification to prevent it.

Factors Courts Consider When Deciding on Relocation

North Carolina judges have broad discretion to approve or deny relocating with a child after divorce. They will consider multiple factors, including:

  • Child’s best interests – The primary consideration is whether the move will improve the child’s quality of life. This may include access to better education, healthcare, and finances.
  • Reason for relocation – Courts assess whether the move is motivated by legitimate reasons. “Legitimate” reasons can vary and might include a job opportunity or family support. Moving to limit the other parent’s access is typically not a valid reason.
  • Impact on the non-relocating parent – Judges will consider how the move would affect visitation arrangements and the other parent’s ability to maintain a relationship with the child.
  • Existing custody arrangement – If the custody agreement allows or prohibits relocation, judges will give that significant consideration. An experienced family lawyer can review your custody order and explain whether a judge will likely modify the agreement.
  • Child’s preference – Most judges will take an older child’s preferences into account. They will consider factors like the child’s age and maturity and whether the move would disrupt their school and extracurricular activities. Judges also consider the child’s reasoning for whether or not they want to move.
  • History of parental cooperation – Courts look at whether the relocating parent has shown they’re willing to facilitate their child’s relationship with the other parent. A cooperative parent is more likely to get permission to move.
  • Alternative visitation arrangements – If the move is approved, the court may modify the custody and visitation schedules to help the non-relocating parent maintain regular contact with their child.

Types of Custody Arrangements Affected by Relocation

The type of custody arrangement you already have is a key consideration. For example:

  • Sole custody – When one parent has sole custody, they often have greater flexibility in relocating after divorce with a child. However, the court may still require a formal petition and modification.
  • Joint custody – If the parents share joint custody, this can complicate things. Both parents have the right to see their child and have a say in their upbringing.
  • Physical vs. legal custody – A parent with primary physical custody often faces stricter scrutiny compared to a parent with only legal custody.

Whether it is denied or approved, a relocation request often results in modifying the custody arrangement to ensure both parents can still see their child.

Impact of Relocation on the Child

Relocation can profoundly affect children. Because moves can affect a child’s stability and their relationships with each parent, judges try to balance the parent’s right to move versus the overall impact.

Common impacts include:

  • Educational disruptions – Changing schools can affect the child’s academic performance and social development.
  • Emotional well-being – When a child has to move away from a familiar environment – not to mention their other parent – this can cause significant emotional distress.
  • Strain on the parent-child relationship – Distance generally makes it harder for a non-relocating parent to maintain a close relationship with their child.

Reach Out to Our North Carolina Family Law Attorneys

Relocation with a child after divorce requires strong legal advocacy. At Charles R. Ullman & Associates, we offer over 25 years of experience in family law. We’re led by a North Carolina State Bar-certified Family Law Specialist, ensuring a deep understanding of the state’s divorce and child custody laws. Our clients appreciate our diligence and fair approach to every case, which is shown in our positive reviews, such as this one:

“Charles Ullman understands what you’re going through and will be on your side the whole way through should you decide to hire him. I can’t recommend him and his firm enough.”

Unlike many larger firms, we focus exclusively on family law. This allows us to provide personalized legal representation for your unique needs. Throughout your case, we’ll fight for a fair outcome that protects your parental rights and relationship.

Charles R. Ullman & Associates takes pride in helping families through difficult legal matters with compassion and experience. We are also deeply invested in our community and advocate for domestic violence prevention through initiatives such as the Fraternities4Family scholarships.

If you need legal guidance on a child relocation case, contact us today at 919-829-1006 or online to schedule a consultation.

About 

Charles Ullman & Associates provides you respected, experienced and knowledgeable divorce and family law attorneys. You can trust us to help you through the legal process efficiently and effectively so you can transition to the next phase of your life. Our community involvement reaches beyond charitable support of important causes. We launched our own movement in Fraternities4Family and provide scholarships to able students in need.