Can I move my children out of state?


#1

I am divorced and my ex moved to Florida almost two years ago. I just remarried. I found out that I was laid off from my teaching job and my husband was offered a job making a considerable amount of money in Vermont. I live in a very rural part of NC and moving would provide a greater opportunity to find another teaching position to support my children. My ex only sees our two children when I bring them to him because he will not make the drive to NC because he says that he can’t afford to. He rarely calls the children and after almost 2 years just started paying child support (wages garnished). Which he says that he is going to quit his job so he doesn’t have to pay. He was actually ordered to pay 724 and I reduced it to 450/month and he is still not satisfied. He’s a very selfish person and I know that when I tell him that we are moving he will say that I can’t take the kids. My question is, can I move the kids with me? There isn’t a custody agreement in place and he only sees the children when it is convienent for him and then I am the one that has to bring the kids to him. I desperately need a job and the outlook in this area looks poor for positions to open. Can he force me to stay here? I have absolutely no family in the town that I am currently living. And if I move to Vermont, he will see the children just as much as he would if we were in NC because he won’t leave the state of Florida.


#2

If there is no custody order in place preventing your move, you may go. Since your spouse does not live in North Carolina, and rarely sees the children, I believe an attempt on his part to prevent your move would be futile.