Moving Kids Out of State During a Divorce
Moving your children out of North Carolina during a divorce, without agreement or court approval, can put your custody rights at risk.
Think Before You Move
Wanting to move closer to friends or family during a divorce is understandable, divorce can feel isolating, and support matters. But before relocating your child out of North Carolina, talk to an attorney about how it could affect custody. North Carolina has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a law that governs which state has authority to make and enforce custody decisions when a family has connections to more than one state.
Relocation FAQs
Can I move out of state with my child without permission?
Doing so without your spouse’s consent or a court order carries real legal risk and can affect the outcome of your custody case. Talk to an attorney before making the move.
What is the UCCJEA?
It’s a law adopted in North Carolina and most other states that determines which state’s courts have jurisdiction over a custody case when a family has ties to multiple states.
What should I do if I need to relocate for a legitimate reason?
Discuss it with an attorney early. Courts consider relocation requests based on the child’s best interest, and getting agreement or court approval in advance protects you.
Related Reading
Considering a Move Out of State?
Let’s talk through your situation before you make any decisions that could affect custody.
