Episode 12

Relocation and Custody: What Happens When Mom Wants to Move with the Kids?

In this episode, family law attorney Jana Jones dives into the complex issue of relocation in custody cases. What happens when one parent wants to move with the children, potentially impacting the custody arrangement? Jana and host Kevin Rosenquist explore how North Carolina courts typically approach these cases, the importance of the child’s best interest, and what factors play into court decisions, including the distance of the move, reasons for relocation, and the child’s perspective. They also offer practical advice for both custodial and non-custodial parents facing this situation.

Transcript:

Relocation:

In North Carolina, how courts handle situations where one parent wants to move with the children varies depending on the specific facts of each case. However, there are some general principles that guide decisions.

The default assumption is that North Carolina is the child’s home state, meaning the parent seeking to move must show that relocating the children is in their best interests. Judges typically begin from this standpoint, but every situation is unique, and even similar cases can have different outcomes depending on the circumstances.

Distance of the Move:

The distance of the move plays a significant role in determining the court’s approach. Courts do not dictate where a parent can live; adults are free to move wherever they choose. The focus is on whether the move will affect the children’s relationship with the other parent, especially regarding custody and visitation.

For example, if a parent moves just across the state line (like from Charlotte, North Carolina to Upstate South Carolina), it may not cause significant disruption, especially if the parent with primary custody can still facilitate regular visitation. But a move to the West Coast, such as Los Angeles, would have a more profound impact on the parent’s ability to exercise regular visitation, especially if there’s joint custody. In such a case, the custody arrangement may need to be modified to reflect the new realities of the situation.

Acceptable Reasons for the Move:

There are certain reasons courts typically find acceptable for relocation. These can include job-related moves, military assignments, or relocation to be with a new spouse. These are generally considered valid, provided they demonstrate that the move would ultimately benefit the child’s well-being. On the other hand, moving for personal reasons, such as seeking a change of scenery, is less likely to be viewed as an adequate justification.

The Non-Custodial Parent’s Role:

If a parent has every other weekend visitation and the other parent wants to move, the custodial parent can’t unilaterally decide to prevent the move. Instead, the non-custodial parent can challenge the relocation in court. The court will then decide if the move is in the child’s best interest and whether the custody arrangement should be modified accordingly.

If a parent is moving to a distant location, the court may modify visitation. For example, the custodial parent could retain primary custody during the school year, with extended visitation (such as the entire summer) for the non-custodial parent. While this isn’t ideal, as it reduces the non-custodial parent’s time with the child, the court’s primary concern is ensuring the child has meaningful relationships with both parents.

Steps for the Parent Who Wants to Move:

If a parent with primary custody wishes to move, they need to file for a modification of the existing custody order. This is necessary to reflect the changes in circumstances that the relocation will create. Similarly, if a non-custodial parent disagrees with the move, they should file for a modification as soon as possible to prevent the child from being settled in a new location, which could make reversing the decision harder.

The court will evaluate factors like the parent’s reason for the move, the impact on the child’s relationship with both parents, and the child’s well-being. A good reason, such as a better job offer or family support in the new location, may sway the court in favor of allowing the move.

Factors Considered by the Court:

The court’s primary concern is always the best interests of the child. They will consider the child’s relationship with both parents and the impact of the move on that relationship. If the child is old enough to express their opinion (e.g., 13 to 15 years old), the court may take their wishes into account. For example, if the child is involved in local activities, has close ties with friends, or expresses a strong preference to stay, that could be a factor in the court’s decision.

In Summary:

Ultimately, the court must balance the custodial parent’s desire to relocate with the non-custodial parent’s desire to maintain a relationship with the child. It’s crucial for both parents to act quickly if they disagree, filing for modification before the move takes place. The court will weigh various factors to determine what is in the child’s best interest, considering the specifics of each case.