Want to move with your kids?

Laura Sue Tuel v. Anthony Ryan Tuel (NC Court of Appeals)
Judge Addie H. Rawls in Johnston County District Court

The Defendant in this case appealed the trial court’s Order for Permanent Child Custody and Temporary Child Support which granted the Plaintiff primary physical custody and permitted her to move with their two children to Indiana.

After hearing the evidence at trial, the trial court entered an Order for Permanent Custody and Temporary Child Support on March 18, 2019. The order granted primary physical custody to Plaintiff, permitted her to relocate with the children to Rushville, Indiana, and granted Defendant secondary physical custody.
In his appeal the Defendant argued that the trial court abused its discretion in its order by concluding as a matter of law that granting Plaintiff primary custody would be in their best interests, despite: (a) failing to make adequate findings of fact addressing the factors in Ramirez-Barker v. Barker, relevant to determining custody upon relocation of a parent to a foreign jurisdiction; and (b) otherwise making findings supporting this conclusion that were not supported by competent evidence.
The Court of Appeals looked to how the trial court applied the Ramirez-Barker v. Barker factors which are as follows:
1. The advantages of the relocation in terms of its capacity to improve the life of the child;
2. The motives of the custodial parent in seeking the move;
3. 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;
4. The integrity of the noncustodial parent in resisting the relocation;
5. The likelihood that a realistic visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent.
The court found that both Plaintiff and Defendant were fit and proper to share custody and that the children would thrive under each of their care. However, the court didn’t explain why primary custody with Plaintiff would be in the children’s best interests other than in reference to the Plaintiff’s family support network in Indiana. Amongst the findings of fact, the trial court relates the effect of relocation to the best interest of the children only a few times outside the context of Plaintiff’s family support network.
The court also went on to note that several of the findings of fact were inconsistent. For example, the trial court found that the Plaintiff’s mental health issues are partially caused by being the primary caregiver, yet did not explain how these issues would not be exacerbated by giving her primary custody and putting them into contact with her parents whom she herself had a strained relationship.
Ultimately the court found that the trial court’s findings did not support its conclusion of law giving Plaintiff primary physical custody and permitting relocation would be in the children’s best interest. Therefore, the trial court abused its discretion and the custody order was vacated and remanded for entry of a new order.

I think this ruling provides a lot of guidance when it comes to trying a relocation custody case. The court made it clear that although findings regarding all of the factors are not necessary, they still should be addressed as best practice. If you are someone that is trying to relocate with your children, it is important to note each of these factors and provide evidence supporting your position with regards to each of the factors. For example, find out where your children would be going to school if the court allowed you to relocate. Do some research about the school. Is it a highly ranked school? Do they have opportunities that your children’s current school does not? How does it compare overall to their current school? These are all things that the court should hear in considering the factors.
I hope that this video provided some new information related to relocation cases with child custody. And remember, if you are looking to relocate with your children, be AWARE of these factors.

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