Case Result: Custody Order Modified for Military Relocation Out of State

[00:00:00] Families with members in the armed forces face unique challenges, especially when navigating the complexities of child custody. A military Permanent Change of Station (PCS) can create a significant legal hurdle for a parent with a North Carolina custody order. Our firm recently had the privilege of representing a mother in Davidson County who faced a similar situation. This case result demonstrates how, with a strategic legal approach focused on the child’s best interests, it is possible to successfully modify a custody order to allow for an out-of-state military relocation.

The Challenge: A Military Move vs. an Existing Custody Order

Our client was a mother who shared custody of her child with her ex-spouse. After remarrying a service member, her new husband received military orders requiring their family to relocate to another state. The existing custody order, however, did not permit her to move the child out of North Carolina, placing the family in an incredibly difficult position. She was forced to choose between her new husband’s military career and her role as the primary caregiver for her child. To resolve this, she needed the court’s permission to modify the current custody arrangement, a process that can be emotionally and legally demanding.

Military family law cases often involve specific federal protections, such as those provided by the Servicemembers Civil Relief Act (SCRA), and require an attorney who understands how these laws interact with state-level family law. Our goal was to present a clear and compelling case to the court that the move was not only necessary but also in the child’s best interest.

Our Strategy: Proving the “Best Interest of the Child”

In North Carolina, a judge will only approve a request to modify a custody order if two conditions are met. First, the moving party must prove there has been a “substantial change in circumstances” since the last order was put in place. A non-voluntary military relocation is a textbook example of such a change. Second, and most importantly, the parent must prove that modifying the order is in the “best interest of the child.” This was the core of our case.

Our family law attorney prepared for the trial in Davidson County by building a comprehensive case that focused on the child’s well-being. The key elements of our argument included:

• A Stable and Positive New Environment: We presented evidence about the new home, school, and community the mother and her husband would provide in the new state, demonstrating that the child would be moving to a stable and supportive environment.
• Maintaining the Primary Caregiver Relationship: We highlighted the mother’s historical role as the child’s primary caregiver, arguing that maintaining consistency in that relationship was a crucial factor for the child’s stability and happiness.
• A Detailed Long-Distance Visitation Plan: A critical part of any relocation case is showing how the child will maintain a strong bond with the non-relocating parent. We prepared and presented a detailed and generous long-distance visitation plan. This included arrangements for holidays, summer vacation, and regular virtual communication to ensure the child’s relationship with the other parent would continue to thrive.

By focusing on these positive factors, we showed the court that while the move was a significant change, it was also a positive step for the child’s future. Understanding the legal standard for modifying a child custody order in North Carolina was the key to our successful strategy.

The Outcome: Relocation Approved, Mother Maintains Primary Custody

At the conclusion of the trial, our attorney successfully advocated on behalf of our client. The judge was persuaded that the military relocation constituted a substantial change in circumstances and that modifying the order to allow the mother to move with the child was indeed in the child’s best interest.

The judge granted the motion, allowing our client to relocate out of state and maintain her status as the primary custodial parent. This victory provided immense relief for the family, allowing them to proceed with their military move without sacrificing the parent-child relationship at the heart of their lives.