Can I move with my child with joint/sole custody?

The good news is that the courts cannot limit where you move and what job you accept as an adult (as long as it doesn't violate the law). However, they may limit when and where you move with your children. 

Generally, custody orders for both joint and sole custody include a provision requiring that each parent inform the other about permanent moves. However, most do not account for changes in meeting places for the custody drop-offs as a result of your move. If you can still comply with the original order, you will likely have no issue with moving. Otherwise, you will need to file a Motion to Modify Custody.

In your motion, you must show the Court all of the reasons why this move is in the children's best interest. You must also show that your move will not revoke the other parent's custody rights by making it impossible for them to see their child.

Keep in mind, there will likely be a hearing and your children may need to testify to help the judge determine the best place for them to live. If they are young, they may be taken to the back for an "in-camera testimony" so they are not traumatized by picking a side.

It's always best to resolve these issues through mediation or a consent agreement. However, if you are facing a hearing or have more questions, contact me at:

Nastasia Watkins

323 E. Chapel Hill Street, Suite 203B

Durham, NC 27702

(919)321-6569

Nastasia@kisalawatkins.com

www.KisalaWatkins.com