Can I move out of state with my child if I have sole custody?
Yes, you can move out of state with your child if you have sole custody in North Carolina. The state has specific laws in place regarding relocation with a child. In North Carolina, if a parent has sole custody of the child, they can relocate up to 100 miles away from the other parent, without notifying the other parent, provided that the relocation does not interfere with the other parent’s visitation rights and with the court’s orders. In the case of a relocation, the court must be notified within a reasonable amount of time. The court will then need to modify the visitation and custody order so that it continues to be fair and in the best interests of the child. If you plan to move more than 100 miles away, you will need to file a petition to modify the custody order with the court and notify the other parent. The court will then consider the best interests of the child and decide whether the move is in the best interests of the child or not. The court may require you to provide evidence of the advantages of the move and may even request that the parents attend mediation if needed. If the court approves the relocation, it will modify the custody and visitation order accordingly.
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