Can I move out of state with my child if I have sole custody?

In North Carolina, if you have sole custody of a child and you wish to move out of state, the answer can be more complicated than a simple yes or no. In general, a court in North Carolina will presume that it is not in the child’s best interests to move out of state with a single parent, and the court may deny the parent permission to do so. If the parent can prove that the new state will offer better educational, social, medical, or emotional benefits to the child, the court may approve the move. The parent seeking to move must file with the court a “Petition for Permission to Relocate”, and must provide a detailed case for why the move is in the best interests of the child. The other parent or legal guardian will have an opportunity to contest the move and present their argument to the court. The court will determine whether the move is in the child’s best interests after considering all of the evidence. If the court grants permission for the move, the other parent or legal guardian may still be able to maintain their custodial arrangement by agreeing to or contesting a modified custody order. If a modified custody order is approved, it will include information on how the parents will share time with the child, as well as how they will communicate about the child’s well-being. In short, if you are the sole custodian of a child and want to move out of state, North Carolina law allows for this, but you must convince the court that the move is in the child’s best interests and formally agree to or contest any modifications of the existing custody arrangement.

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Can I move out of state with my child if I have sole custody?

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