Taking a minor child out of state

I would read over the terms of your custody agreement, if you have one. You may have primary custody but if your moving out of state makes it impossible for the other parent to see the child during their assigned visitation periods then you have a problem if your ex objects. Whatever you do, do not move without working this out legally first. Your ex could file a modification of custody based on change of circumstances and your custody could change because you want to move away from home/father/other family/schools etc.

Custody is never final until your child turns 18. If circumstances arise that require you to move to another state, you should consult with the other parent to see if they disagree. If they do not, then you should simply execute a new agreement or order. If they do not agree to the move then you should consult with an attorney before deciding to move. The circumstances for the move will play a big part in any decision a court may make regarding changing the home state of the child. If you are moving because a new spouse is in the military then the court will usually allow you to move with the child, if you are moving because you always wanted to live in a new city and you do not have significant ties to that city, they may order that the child not be removed from the state permanently. It depends on the facts of each specific case.

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


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Hello. My question is: Does the parent who has primary custody over a minor child have the right to take the child out of North Carolina for good? I hope somebody can answer.