Hello,
My ex-wife is planning on moving in with her boyfriend/fiance. They were involved prior to the divorce. We agreed to 50/50 custody of our 6 year old daughter and have now been divorced for 3 months. My daughter has told me about the pending move, but my ex has not. It will be in the same town or within 10-20 miles in all likelihood. From the sound of it, this will be happening soon.
The fact that my ex has not told me about the move obviously makes me upset but is there anything I can do legally if she doesn’t disclose it? It is in very bad faith to one day I find out my daughter lives in a different place with another person and I am very surprised she is doing this.
Thank you for the help,
Matt
Check your custody order or custody terms from a separation agreement. Oftentimes a court order or separation agreement requires a parent who is relocating to inform the other parent of his/her new address but may not require this notification until 24 or 48 hours after the change becomes effective.
If there are such terms in your court order or separation agreement and your ex-wife does not follow them when she relocates, then she would be in violation which could enable you to file a contempt motion or breach of contract lawsuit depending on which document the terms are in.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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