Can he keep me here?


My husband is in the military, stationed here in NC. We’ve lived here three years, but neither of us is from here or have any other family here. I want to move back home with my parents, to another state, with our kids. He refuses to let me, which I understand he can do at this point. However, he said he will fight me on custody. He wants 50/50, and says he will make me stay in NC and he will retire here if he has to. The kids are 11 and 14. The 14 yr old wants to live with me, and the 11 yr said she won’t choose between us. What are his chances of making me stay in a place I don’t want to be? I do not have a job here, and I’ve been a stay at home mom for 14 years. I will graduate with a BA in the Spring, and would like to get a job in the other state.


Relocation cases are always tough. The reason is that more often than not the court finds that the best interests of the children are most often served when they have contact with both parents on a regular basis, however there are other factors that are considered as well, such as the presence of an extended family, good schools, and other such factors. Your best bet is to file for custody and work on building your case as to why the children would be better off moving with you. IE; demonstrate that you have a strong family presence there, potential employment, do research on the school systems, offer a plan that would allow your husband to see the children for extended periods in the summer, ect.