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Can I Stop My Ex From Moving Our Children Out Of North Carolina?

Daly Mills Family Law: Protecting Your Kids And Your Rights

The rights and responsibilities of each parent are typically detailed in a separation agreement or child custody order. If you have either of these, you should review the wording of the document with a relocation attorney to determine what your next legal steps should be if your ex-spouse or child’s mother or father wants to move your son or daughter out of North Carolina.

Requesting Permission From The Court To Relocate With The Kids

Your children’s other parent may be able to move the children out of state without your permission if they are able to secure the permission of the court if you share custody. If he or she has primary custody over your joint children, you may need to initiate a legal proceeding if you want to stop the move.

The court will likely consider the following factors in determining whether relocation is appropriate:

  • Why is the other parent moving? Is it just to get away from the noncustodial parent?
  • Why are you fighting the relocation? Is it just to spite the other parent?
  • How will relocation positively or negatively affect the child’s life?
  • Can a reasonable visitation schedule be established and maintained for the parent who is not leaving North Carolina?
  • How likely is it that the moving parent will follow the visitation schedule after he or she has left North Carolina?

The court may consider other factors in addition to, or in lieu of, those listed here.

Our experienced relocation and child custody lawyers at Daly Mills Family Law can help you determine your rights if the other parent is trying to move your children out of state. Contact our firm online or call our Mooresville office at 704-878-2365 to schedule a consultation with one of our child custody attorneys.

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