When deciding on custody issues, North Carolina law uses a standard for “the best interests of the child.” Even after a decision, a decision on child custody could be changed if the best interests of the child are no longer reflected in the child custody regulation. Even if you have primary or sole custody of your child, there may be changes on the part of the judge if the previous decision is no longer in the best interests of the child. Either the court will allow the relocation and adjust the visiting plan accordingly, or amend the custody order and designate the other parent as the primary custodian. Similar to access, both parents may wish to have access to the child`s medical records. Unless the court says so, each parent has equal access to the child`s records regarding the child`s health, education and well-being. The custodial parent is considered to be the parent best placed to meet the child`s daily needs. Physical custody includes the right to determine where the child lives. If the entitled parent decides to move with the child, a court will generally consider the move to be in the best interests of the child. The first risk of moving out of state is that your ex could file a custody action in North Carolina and request that the child be repatriated to the state. Also, you should appear in North Carolina, which could be difficult depending on where you`re going. Another risk is that your ex could use the action against you in future hearings if you haven`t consulted and didn`t get permission.
If you are a divorced or separated parent, you do not need parental consent or a court order every time you move. If you move to another home in your city or county, you can most likely do so without going to court or asking permission. However, there are geographical limitations. To determine when a move requires authorization, you should carefully check your custody order. It should contain conditions under which you can move or travel with your child before getting the agreement of the other parent or the court. If the question of custody reaches a court, the judge will make a decision based on the best interests of the child….