Moving out of state


Custody situations involving relocation are decided on a case by case basis and the ruling of the court depends on the specific facts of each case. They will look at the best interests of the child, the reason for the move, the impact the move will have on the relationship with the party who is not moving and they will try to balance all those factors. If you are moving because it is your only option for employment, you have a much better chance of success than someone who is moving for pleasure.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.


I am in a huge battle with my stbx. Everything has and most likely will be done through courts. I have a job that is very unstable and the market in the area is not good at all for me. If I should be replaced at work, I will have to scurry for a job. This means the closest job could be just about anywhere. Right now I know of only 2 I would qualify for and they are in Fla. I am in NC. Can he prevent me from moving for work? Also, would a judge make me stay in NC when there may be no opportunities of low paying? I believe my stbx will try to stipulate a no move out of city order. I simply cannot agree to that. I will have a very difficult time getting a job. I already drive 50 min to work and lose enough time on the road.