Relocation out of State

North Carolina Divorce Law Divorce and Separation Answers
1

I am trying to help a friend understand where NC stands on the primary custodian relocating to a different state. We’ve read so much that we are confused on how the process actually works here,

So here is the scenario broken down.
NCP has reduced her parenting time from 200 overnights per year to less than 40
They have joint legal custody
NCP is not active in school, doctors, sports and maintains distance as an excuse
NCP has caused CP significant emotional stress due to continually finding reasons to disagree
CP has notified NCP of intent to move 532 miles away, 60-90 days in advance with a basic parenting schedule that is open to negotiations and currently gives more than the NCP takes as parenting time by her own choice…

Does she, the NCP have to file disputing the relocation or does He, the CP, have to file requesting to move and based on the Mother’s refusal to exercise parenting time to less than 25% (give or take)that is allowed by their current order enough to be favorable towards the father? If the NCP has to file to stop him from moving how long does she have from the date of him notifying of the intent to move? Can she wait till the move is done or right before?

2

The answer to your question depends on a lot of factors that were not presented in your post. It really depends on whether the custody arrangement is detailed in a court order or in a separation agreement. It also depends on what the document says about moving and modification of child custody. Your friend should have a consultation with an attorney to discuss all the facts and how he should best proceed with moving.