Modification & move away

#1

I am in the process of modifying my custody order. We already have a custody order filed from when we originally separated years ago and in the current order it says “If either party intends to relocate with the minor children more than one hundred (100) miles, the moving party shall provide the other party written notice of their intended move at least ninety (90) days prior to the move.“

I plan on filing a move away case in the spring of 2021. My ex is trying to settle outside of court for our current modification order and wants to add a “no unilateral move provision” in there. If we add that provision in there will it be harder for me to have a successful move away case? I understand in the spring of 2021 I will still have to file for a move away case, however by adding the provision he wants, will it hinder my move away case?

#2

If you are definitely planning to move next spring, it would be a much more efficient use of your time and money to negotiate the move and the custody schedule now rather than wait until early 2021 to address it. If you modify the order now, you may have a difficult time proving that a substantial change in circumstances has occurred between now and early 2021, which is the standard for a custody order modification.

A “no unilateral move provision,” assuming this means that neither party can relocate on their own or that neither party can relocate without the consent of the other, is not something that a court has the authority to order or enforce. A court cannot tell a parent where he or she can or cannot live or that he or she cannot relocate.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

#3

Thank you for your response. Do you have any advice for someone who would plan to do a move away case regardless of the time between modifications? I know I would have to prove it, but the move would benefit the children, and the children also have expressed their want to move as well.

#4

To modify a custody schedule for a relocation, you will need to show why the move would be in the benefit of the children and why it would be in the children’s best interests to move and why keeping the children in your county in NC would be disadvantageous to the children. The more examples you can show, the better.

Check out our webpage devoted solely to Child Custody and Relocation with a wealth of articles and videos to help you prepare.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

#5

Hi Anna,

What is the standard provision in a custody order where it lists about relocating. I am using the below as as an example, do you have any other examples?

For example…If either party intends to relocate with the minor children more than (# of miles) the moving party shall provide the other party written notice of at least (# of days).

Do parents put “if either party intends to relocate out of the county with the minor children”.

what do you recommend putting in for a parent that may eventually want to move out of state?

#6

In your example (in your second paragraph), it is merely a notice requirement so the other parent knows in advance that their child(ren) will be living at a different address while with the moving parent. The wording of this provision still intends that the custody schedule will remain the same.

If you know that one of the parents plans to relocate out of state in the near future, you can go ahead and account for that in a consent order by providing the new custody schedule that would automatically begin in the event one of the parents relocates outside of NC. If you don’t account for this, then you would have to file a motion to modify the court order and hope that you present a strong enough case to modify the custody schedule so that you can move out of state.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.