Child custody, moving, and NC law

North Carolina Divorce Law Divorce and Separation Answers
1

Dear monetflwrs:

Greetings. No, your husband is lying (or misinformed). That is not the law. Go to search in the above right hand corner of this page and look up the word “move” or “moving.” Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.

2

My ex-husband and I have joint custody of our two children (ages 11 and 8) with my being the primary custodian. We currently live within 30 miles of eachother and he has the children every other weekend as well as any other time he’d like to spend time with them (we’ve been able to maintain a friendship up to this point). All that is mentioned in our seperation/divorce papers about moving is that each of us is required to provide a new address within 30 days.

I’m currently considering moving to a city that is about 65 miles away and my ex said that it is NC law that I cannot move over 50 miles away with the children without his consent. Is this in fact correct?

Any information that you could provide would be extremely helpful.

Thank you ~ Regina