Divorce Support Forums: Good divorce lawyer in Raleigh area/kidsoutofstate

There are two separate issues here , relocating while the divorce is pending and relocating post-divorce .

Relocating while the divorce is pending can be difficult . In addition to deciding on a custodial arrangement , a court would also need to consider how the proposed move would effect the children involved . If the courts determine that the move would be detrimental to the kids , custody could be awarded to the other parent . It's more of an all or nothing proposition .

Relocating post-divorce is a different matter . Custody has already been decided and different legal standards apply . They are ( assuming on she will be named the custodial parent ):

Where a parent changes his residence, the effect on the welfare of the child must be shown in order for the court to modify a custody decree based on change of circumstance. In evaluating the best interests of a child in determining custody in the case of a proposed relocation of one parent, the trial court may appropriately consider several factors including: the advantages of the relocation in terms of its capacity to improve the life of the child; the motives of the custodial parent in seeking the move; the likelihood that the custodial parent will comply with visitation orders when he or she is no longer subject to the jurisdiction of the courts of North Carolina; the integrity of the noncustodial parent in resisting the relocation; and the likelihood that a realistic visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent. Carlton v. Carlton, 145 N.C. App. 252, 549 S.E.2d 916, reversed other grounds 354 N.C. 561, 557 S.E.2d 529, certiorari denied 536 U.S. 944 (2001).

In either case , the relocating parent would expect to bear all the travel costs to effect visitation .

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Never let your sense of morals get in the way of doing what's right. Isaac Asimov

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