Can I still move, no custody order but mediation set


#1

I am trying to move from Mitchell County NC to Raleigh NC where I am from and lived my whole life except last 5 years. I have a 16 year old son that lives there and many old friends. I still have family in Mitchell County and will still visit and allow my 3 year old son to visit his father.
My question: My childs father and I were never married. He was not involved in his life the first 1.5 years. Without a custody order I let my son visit his dad until I found out without a custody agreement he could keep him, meaning who ever has him has physical custody, he has not seen my son since October except when I invited him to t-ball games. I am on temp disability for mental illness and have been stable for several years. I have a social work degree from NCSU. Also, I was sexually assaulted 3 weeks ago (police report) and want to move home to Raleigh as one of the reasons and there are more opportunites in Raleigh, better schools, etc. one issues is I have HUD, Housing Assistance and to transfer it to Raleigh I have to give a 60 day notice which I did on 7/11. 2 days later I got a summons from sons father attorney for mediation, that he filed on 7/5. we have the video session mediation on 8/4 my sons 4th birthday. He is asking for some custody or visitation in Civil Action, initial filing, complaint.
My question is…at what point can I NOT move? When is the point I am stuck in this county? Discussing this with my childs father will not work because he will make a legal order for me not to be able to leave. I probably won’t be able to leave Mitchell County until my HUD lease ends around Sept. 11th. I am scared I won’t be able to put off this actual mediation and then court date if we don’t agree, until mid Sept. Should I just leave for Raleigh as soon as possible but struggle badly to even pay the high rent in Raleigh. PLEASE help me. I am scared and don’t know what to do. Stephanie Owens 828-242-5309.


#2

You are free to move residences to another county assuming there is no court order for child custody or temporary child custody in place that addresses one of the parents moving. Keep in mind that since a custody action has already been filed in your current county, your court dates will continue to be in the county even if you move away.

You could not move to another county if you had a court order that addresses a move by one of the parents and moving would be against the terms of the order or would otherwise cause a violation. Even still, you could file a motion to modify the court order to allow you to move without causing a violation in the visitation terms or other terms of the order.