Child custody


#1

Spouse and I are working on our SA. He wants written in the SA that I can not move outside of a 50 mile radius of the City of Raleigh. Is this legal ? If so is this only allowed until we are divorced?


#2

You do not have to agree to a clause that prohibits you from moving anywhere. It would not be illegal if you did agree to this provision, but you certainly do not have to.

That being said, it is common to include a relocation clause in the custody portion of a separation agreement. Generally these clauses are drafted to require each party give notice, within a certain time period, of any move outside of a stated radius. Most relocation clauses also state that if the parties can’t reach an agreement with regard to how to handle custody considering the relocation, the parties will attend mediation or arbitration, or have agreed to file an action for custody.

I would suggest you change the language to reflect that you will notify your spouse of any move outside of a 50 mile radius, but not that you agree not to move.


#3

Hello,
Thnk you for sharing your story. It is all depend’s upon you signed or not, and other things are explained by Lindsay Willis above.

Best Wishes…
Thanks Regards…