Moving Child Out-of-State

The North Carolina General Statutes address child relocation only in the limited context of domestic violence having occurred; see NCGS 50-13.2(b). Since domestic violence doesn’t appear to be an issue in your case, the court will need to determine if this proposed relocation constitutes a substantial change of circumstance affecting the welfare of your son. If the court’s conclusion is “yes,” it then applies the “best interest of the child” standard when determining whether to allow the move.

In a practical sense, the visitation schedule will have to change if the court allows the move. California is a long way from North Carolina. The only way the court can change the existing order

Dear sarahj:

Greetings. No way that I can advise you on your possible outcomes without discussing the situation with you personally, but remarriage and a new job, may be a significant change of circumstances that allows for a modification of court ordered custody. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

I have been divorced for two years now and do have a court ordered child custody and support agreement. It does state that the “home” state of the child is NC and that I am the primary parent. The child’s father has every other weekend visitations. I am soon to marry someone who does not live in this state (he lives in CA) and has no chance of relocating due to his job, he works for the government. My question is this, what are the odds that I would be awarded the right to move to CA with my son given modifications in the visitation agreement? Modifications being that the child would live in CA during the school year and with his father here in NC during the summer. Any advice is appreciated. Thanks!