Relocation Laws


#1

I have been told that NC has a presumption in favor of relocation especially with parents with primary custody. Also relocation is not a change in circumstances and the relocating parent has the burden of proof why a relocation should not be allowed. My attorney filed a modification for custody order ask for me to maintain primary custody while relocating with our child.

Ramirez-Barker v.Barker, 418 S.E.2d 675 (N.C. App. 1992).

Evans v. Evans, 158 N.C.App. 533, 581 S.E.2d 464 (2003)

Gordon v. Gordon, 46 N.C.App. 495, 500, 265 S.E.2d 425, 428 (1980).

How heavy is the burden on the non relocating parent and what factors does the judge consider?
If the non relocating parent can’t take primary custody of the child, how does that factor?
Being that the non relocating parent has the burden, will I have to present any evidence?


#2

The court will consider whether the relocation is in the best interests of the children, in my opinion relocation cases are very difficult as the court presumes that the children remaining close to BOTH parents is in their best interest.