The answer to this question is complex and covers several areas of law, including child custody, procedural issues, jurisdictional issues, and relocation factors. Much of the answer depends on whether or not there is an existing child custody order between the parties involved. If there is an existing custody order or agreement between the parties, relocating to a new state without first obtaining permission of the court (through a modification of an order) or the other parent (through a formal amendment to the agreement) could result in contempt or breach of contract claims being brought by the non-relocating parent.
If there is not an existing order or agreement in place, it is advisable to either file for custody asking permission to relocate, or if the other party is in agreement, memorialize the agreement in the form of a separation agreement, parenting agreement, or consent order. Failing to do so may result in the non-relocating parent filing for a custody determination or emergency custody order in the original state.
Judges consider numerous factors when ruling on relocation cases, including the reason for the move and the impact on the child. For more detail regarding procedures, jurisdiction, and factors, visit our full blog on moving to another state with a child.
Written by Bill Hunter
Hunter & Hein, Attorneys at Law, PLLC
Charlotte Family Law Firm