Can I Relocate With My Child After Divorce? What NC Parents Need to Know

Life changes after divorce. New jobs, new relationships, or the desire to be closer to family can all lead a parent to consider moving—but if children are involved, relocation isn’t just a personal decision. It’s a legal issue, too.

At King & Rowe, Attorneys at Law, we frequently advise parents in Hickory and surrounding areas on the question:“Can I relocate with my child after divorce?”The answer is: it depends. North Carolina law puts the child’s best interest at the center of any decision involving relocation—and the court’s permission may be required.

Here’s what you need to know.

Relocation and Child Custody Orders in North Carolina

If your custody arrangement is governed by a court order (which most are after divorce), you can’t simply move away with your child—especially if the relocation would impact the other parent’s custodial time.

You may need to:

• Get written consent from the other parent, or

• File a motion in court asking for permission to relocate.

If you and your child’s other parent can’t agree, the court will make the final decision based on what’s in the best interest of the child.

What Does the Court Consider in a Relocation Case?

As a local attorney who handles family law matters regularly in Catawba County, I’ve seen how carefully judges examine relocation requests. The court won’t grant a move just because one parent wants a fresh start.

Some key factors judges consider:

• The reason for the move (e.g., employment, family support, remarriage)

• The potential benefits to the child

• The impact on the non-relocating parent’s relationship with the child

• How the move would change the child’s school, community, or daily life

• Whether the relocation is being proposed in good faith

Every situation is different, which is why we take time at King & Rowe, Attorneys at Law to understand your goals and build a compelling, fact-based case when relocation is necessary.

What If I Move Without Permission?

Relocating without court approval—when a custody order is in place—can lead to serious legal consequences, including:

• Contempt of court

• Forced return of the child

• Modification of custody in favor of the other parent

If you're even considering a move, your first call should be to a trusted local attorney who understands North Carolina family law and can guide you through the right process.

What If I’m Opposing the Relocation?

On the flip side, if you’re the non-relocating parent and believe a move would harm your relationship with your child, you have the right to object.

You can file a motion asking the court to:

• Deny the relocation, and/or

• Modify the custody arrangement in a way that protects your parenting time.

We help clients in Hickory and across western NC advocate for their role in their child’s life when relocation threatens to disrupt it.

Tips for Strengthening Your Relocation Request (or Objection)

Whether you’re seeking or opposing a relocation, here are a few things to keep in mind:

✅ Document everything: reasons for the move, school comparisons, job offers, family support networks, etc.

✅ Stay child-focused: emphasize how the move (or staying) serves the child’s stability, development, and well-being.

✅ Propose a realistic parenting plan: include visitation schedules, travel arrangements, and ways to maintain strong contact with both parents.

As your local attorney, I’ll help you put forward a thoughtful, strategic case tailored to your family’s specific circumstances. Call us today!

828-466-3858