Moving within state with children

North Carolina Divorce Law Divorce and Separation Answers
1

No, as long as the parties can keep the original schedule, then there is no change in circumstances. The parties also have the option of working something out between them if they can. A move in and of itself does not automatically qualify as a change in circumstances, it would also have to have a corresponding impact on the custody schedule.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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2

Is there a limit to the distance within NC that a custodial parent may move without it constituting a change of circumstances? I have custody of the children, and their father lives 45 miles away, a consequnece of his choice to remarry and move away. If I now want to relocate within the state, and move 150 miles away from their father, what would I need to do? Is there a requirement that I give him some kind of official notice for that kind of thing? And would it constitute a change of circumstances that could re-open the visitation arrangement? He currently has every other weekend, and the move would not necessarily require that the schedule be changed, but the travel distance would obviously be longer between our houses. I would be relocating to take a better job and to move closer to my family.

Thanks for any help or advice!