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Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 4189
Experience:  30 years of experience
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Can the Primary custodial parent move with out notifying the

Customer Question

Can the Primary custodial parent move with out notifying the non-custodial parent in North Carolina?
Submitted: 1 year ago.
Category: Family Law
Expert:  Gerald-Esquire replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. Your question is fairly broad and the correct answer depends on a where the custodial parent is moving to and whether you are talikng about notifying before the move or getting approval for the move from the court. It also depends on what the custody order syas. 1) So for example, there is nothing to prohibit a custodial parent from moving within the same town/city. This is true unless there is something in the custodial agreement. Some agreements provide that the parents will remain in the same school district. Otherwise local moves are permitted with no prior notice or approval. The custodial parent does NOT have to notify the non-custodial parent before the move. Of course the non-custodial parent must be informed at some point so as not to interfere with their visitation rights. 2) If the custodial parent is moving within the state such that there may be some interference with visitation than prior notice needs to be given. The Court will not prevent the move, but adjustments to the visitation order may be necessary. 3) If the custodial parent is moving out of state, then prior notice and approval by the Court is necessary. This is because the move out of state will interfere significantly with visitation and can hamper the Court's jurisdiction over the matter. Consequently a custodial parent who moves out of State without first obtaining approval by the Court may cause the court to revisit the Cutordy Order and make significant changes to it. These articles discusses these issues in more detail: I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald