Child Custody Modification?

Dear supermom:

Greetings. My answer is what you are probably expecting - MAYBE you can, maybe you cannot. The realistic picture here is that you probably can move, because he does not have the money to pay an attorney to stop you. If I were you, and I did not have enough to pay my bills, etc., and I found a better job, could be closer to family, and the area was good for my children, I would move and make him try to force me and the children to come back. I doubt he will. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have been divorced for 35 months and have only received 15 months of child support. I work an office job every day, but it is not enough to keep up with the never ending bills of my two children. My ex-husband and I have joint custody with me as primary physical custody. He also has just lost his license to a DUI and can not support the children as his work is hit and miss. I have not taken him to child support services, all though it is court ordered in our divorce papers that he pay. The issue of resolving whether or not I can move has been a first priority for me. Can I legally take my children from the east coast of North Carolina to Raleigh to make a better living for us? I just came from an attorney today to discuss custody modification, but before I can even get that answer I have to pay $2,500.00. Please help me to understand what I can do in this type of situation.

Desperate for a Better Life!