Child Custody & Relocation from the Raleigh Area

The Raleigh school year is winding down, spring is here, and that means folks start thinking about moving. Spring is an ideal time to put your home on the market, and the summer marks a great time to transition your children to a new location…. But wait….. do you have a custody order in place?

Issues to Consider During Your Custody Battle

Let’s consider some issues you may need to address if you are considering relocating from Raleigh with your children & leaving another parent behind:

• Are you moving enough of a distance so that the current schedule will not be reasonable? Sometimes just moving to the other side of Wake County can create this situation, not just out of North Carolina.
• Is your move going to cause a change in Raleigh area schools for the minor children? Are those school performing better or worse than the school they currently attend?
• Is your move going to require you to cross North Carolina state lines?
• Are you moving into a residence with another person? Is there a limitation on who can spend the night when the minor children are in your care in your agreement or court order?  Does your new roommate have any criminal, drug/alcohol or mental health issues?
• If your children are involved in extracurricular activities, can they participate in those same activities or something similar?
• Are you moving closer to family/friends or will you be starting over and creating a new support system?
• Why are you moving from the Raleigh area? To be near a new love interest or a fantastic new job?
• How are you going to facilitate the non-moving party seeing the minor children?
• How do the minor children feel about the relocation if they are older? Have the expressed a desire to live with the non-moving party?

Relocating with Kids from Raleigh Can be Challenging

Relocation is one of the most difficult issues in child custody cases because there is little you can do to change the fact one parent has a need to move. It will affect how often you see your children. The courts must decide whether it is in the children’s best interest to stay with the non-moving party or be able to relocate with the moving parent. The factors above are a sample of some of the considerations the courts will take into account when making a decision regarding child custody.

Contact an Experienced Raleigh Child Custody Attorney

If you plan to move out of North Carolina and have no child custody order in place, or a child custody order that provides for frequent contact with the other party such that you can no longer comply with the terms, it is IMPERATIVE that you consult with an experienced child custody attorney. You need to ensure you do not accidentally violate an existing court order or find yourself served with an emergency child custody order for leaving the state with the minor children for the purpose of evading North Carolina jurisdiction if there is no order in place.

If you are planning to move and feel one or more of the above factors apply to you, or if you have questions in general regarding this topic, please contact our office at 919-301-8843 to schedule a consultation with one of our experienced Raleigh child custody attorneys who can help guide you through the process and answer any questions you may have.