Custody and Relocation: Handling Moves Across State Lines 

Edited By Casey Fidler | Published on June 13, 2025 

When a parent plans to move out of state, it can complicate even the most carefully structured custody arrangements. Whether the relocation is prompted by a new job, remarriage, or a desire to be closer to extended family, it raises important legal questions about how custody orders are enforced and modified in North Carolina. 

We’ve previously shared an overview of child custody in North Carolina. That general guide can help you understand the basics. In this post, we take a closer look at how custody works when one parent is preparing to relocate beyond state lines. 

What Happens When a Parent Moves? 

If a parent relocates after a custody order is already in place, the law requires more than just notifying the other parent. A significant move, especially across state lines, often requires a formal custody modification through the court system. 

Under N.C. Gen. Stat. § 50-13.7, courts may modify a custody order when there has been a substantial change in circumstances affecting the welfare of the child. Relocation can qualify as such a change if it disrupts school, community ties, or parenting schedules, or impacts the child’s relationship with either parent. 

What Do Courts Consider? 

North Carolina courts prioritize the best interests of the child. When evaluating relocation, judges typically weigh the factors articulated in Ramirez-Barker v. Barker, 107 N.C. App. 71 (1992), including: 

• The reason for the move (employment, family support, safety, etc.) 

• The impact on the child’s education, community life, and relationships 

• The ability to preserve frequent and meaningful contact with the non-relocating parent 

• The child’s current relationship with both parents 

• Any potential benefits to the child’s emotional or developmental well-being 

Although North Carolina has no relocation-specific statute, case law provides guidance. In Tuel v. Tuel, 270 N.C. App. 629 (2020), the Court of Appeals reversed the lower court’s order permitting the mother to relocate with the children to Indiana because the trial court failed to make adequate findings to support the conclusion that the relocation was in the children’s best interests. 

Real-Life Example 1: A Job Transfer Out of State 

Jennifer, a Raleigh mother with primary custody of her 7-year-old daughter, receives a promotion requiring her to move to Tennessee. The child’s father, who lives in Cary and sees their daughter every other weekend, opposes the move. 

Jennifer files a motion to modify custody. In court, she must show that: 

• The move is not intended to interfere with the father’s relationship 

• The new location offers better school and family support 

• A new visitation schedule (like virtual calls and longer summer visits) preserves the father’s bond 

The court weighs the facts and may approve the relocation if it serves the child’s best interests. 

Real-Life Example 2: A Custodial Parent Seeks Family Support 

Jason, a single father in Durham with full custody of his 10-year-old son, wants to move to Virginia to help care for his aging parents. The child’s mother, who lives in Charlotte and visits monthly, objects to the move. 

Jason proposes a revised custody plan that includes alternating school breaks, extended summer visits, daily FaceTime, and paying for travel. The court considers whether this plan maintains the child’s connection to his mother while improving support for the child. 

Practical Tips for Parents Considering Relocation 

If you’re a parent planning to move, take the following steps: 

1. Start early – Notify the other parent and consult a family law attorney well before the move. 
2. Be transparent – Share details about job offers, schools, housing, and support systems. 
3. Propose a detailed plan – Offer a new visitation schedule that includes digital contact and transportation arrangements. 
4. Document your reasoning – Be ready to show how the move benefits your child’s well-being. 
5. Consider mediation – A neutral third party can help reach an agreement and reduce litigation. 

What If You’re the Parent Opposing the Move? 

If you believe relocation would harm your child’s stability or emotional health, you can oppose the relocation in court. Work with a family law attorney to: 

• Demonstrate your involvement in your child’s daily life 

• Highlight concerns about the new environment 

• Propose an alternative parenting plan that promotes continuity and stability 

What About Interstate Jurisdiction? 

When a parent crosses state lines, custody jurisdiction can become more complex. North Carolina follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which generally gives jurisdiction to the child’s “home state” where the child has lived for the past six months (N.C. Gen. Stat. § 50A-102). Under the UCCJEA, North Carolina courts maintain the authority to resolve child custody disputes as long as North Carolina was the child’s home state at the time the child custody action began. This determination of jurisdiction is crucial because it prevents the risk of conflicting custody orders from different states and promotes the child’s stability and continuity in care. 

Can You Move Without Permission? 

No. Moving your child out of state without either the other parent’s consent or a court order could result in: 

• Being held in contempt of court 

• Loss of custody 

• Criminal charges for parental kidnapping in extreme situations 

Always consult with an attorney before making relocation decisions. 

How Tharrington Smith Can Help 

Relocation cases are some of the most nuanced matters in family law. Whether you’re seeking to move or objecting to a proposed relocation, our Family Law team can help: 

• File or defend custody modification motions 

• Negotiate parenting plans tailored to your family’s needs 

• Represent your interests in mediation or court 

• Ensure compliance with the UCCJEA 

Our team brings decades of experience and compassion to complex custody matters. We’re here to help guide your next steps, wherever life takes you. 

 

Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be construed as legal advice. For specific advice about parental relocation and child custody, contact one of our experienced Tharrington Smith family law attorneys.  

©Tharrington Smith, LLP