Changing Custody After a Parent Relocates

August 22, 2012

After a divorce, parents may find themselves having to look for a new job or just wanting to get a fresh start. In an increasingly mobile society, some parents choose to, or are forced to, relocate. In North Carolina, when a parent wishes to relocate before an initial custody determination or plans a move that would require a change in the terms of an existing custody agreement, he or she will need either the court's approval or the agreement of the other parent. The family court judge will consider whether a modification is warranted or if relocation is allowed in an initial custody determination to protect the child's best interests.

Substantial Change in Circumstances

In order for the court to approve a change of the current custodial arrangement, the parent seeking the modification must show that there has been (or will be) a substantial change in circumstances from the time the original custody agreement was filed. North Carolina courts have repeatedly found that relocation alone is not necessarily enough to meet the substantial change in circumstances threshold.

Sometimes, however, when the custodial parent moves, the child is disproportionately affected; those effects might warrant a custody modification. For example, when the move pulls an ill child away from his or her physicians or other medical providers, the move itself will likely be considered a substantial change in circumstances. The same is true when a child is moved away from all of his or her extended family.

Best Interests of the Child

Once the parent seeking the modification of an existing custody agreement (or to relocate prior to an initial custody determination) has shown that there is a substantial change in circumstances (or that relocation is warranted before the initial custody arrangement has been finalized), the court must analyze whether the new agreement is in the best interests of the child. The court considers many factors when making a determination of what is in the best interests of the child. These factors include:
- The moving parent's motive for relocation
- Whether the relocation will improve the child's life
- The likelihood that a realistic visitation schedule can be made and will be complied with under the circumstances
- The motive of the parent challenging the modification

North Carolina parents dealing with the relocation of a child should consider contacting a family law attorney to determine what their rights are and how relocation will affect the current custodial arrangement.

Article provided by Breeden Law
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