In North Carolina, your ex may not be allowed to take the children out of state without your approval. The specific answer depends on the custody arrangement outlined in your court order. If you share legal custody, both parents must agree on major decisions. That includes traveling or moving to another state with the children.
Legal custody refers to the right to make important decisions about your child’s life. Physical custody determines where the child lives. If you and your ex share both legal and physical custody, neither of you can make significant changes without the other’s input. This protects the child’s well-being and maintains both parents’ roles.
Shared custody requires communication and agreement
Taking a child out of state, whether for a move or an extended trip, can impact the custody schedule and your relationship with your child. Because of this, most custody orders either include travel guidelines or require mutual consent. If your order does not mention travel, and you share legal custody, your ex still must involve you in the decision.
If the two of you cannot reach an agreement, the court may get involved. Judges in North Carolina base custody decisions on what serves the child’s best interests. That includes reviewing factors such as the child’s current home life, the ability of each parent to provide stability, and the child’s emotional and physical needs.
Courts may also consider the child’s relationship with each parent and their own preferences, depending on their age and maturity.
Unauthorized travel may lead to legal consequences
North Carolina follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law helps prevent parents from making custody decisions without court approval by crossing state lines. If your ex takes your child out of state without permission, you may have the right to seek legal enforcement.
Depending on the circumstances, the court could modify your custody arrangement or impose restrictions on future travel. Courts do not look favorably on violations of a custody order.
If you believe your ex may leave the state without your consent, speak to a family law attorney. They can help you take the right legal steps to protect your rights and your child’s stability.