Cohabitation/jurisdiction


#1

If the order specifies you cannot move the child from the court’s jurisdiction then you would be in contempt of court if you move. You will need permission from the court to move.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

That’s what I thought, even though the attorney who handled the case initially told me I could move, to not bother going to court because it wouldn’t be granted (since it was less than a year after the modification to change venue to where we live) and that I would be better off to just move before the father could file to change visitation. I thought it didn’t sound right…

So how do I get this done?

Is my situation enough for a court to allow me to move, if I assume all costs of transportation to visits? The move not only increases my financial stability because of my partner’s income, but also means I can take evening classes at the local university to finish my degree (thus increasing my financial earning ability), and it’s closer to my family than any other university. Do we need to be engaged before we live together? Will I be faulted for dating during the separation, and allowing my son to bond with another man (who would love to adopt him if the father would give up his rights…)


#3

Also…must I wait a year from the last order before modifying?


#4

You do not have to wait a specific period of time before filing a motion to modify, there simply has to be a substantial change in circumstances that would justify the modification.

You do not need to be engaged before you live together, but the more you can do to show the court that this relationship is stable and long term, the better your chances will be that the court will allow you to modify the order.

Relocation modifications depend on many factors and the situation is too complex for me to be able to tell you on the forum whether your modification will be granted. I can tell you that in situations where one spouse remarries and moves because of their spouse, it is often the case that the court will allow that party to move.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

My divorce will be final in a few months, and once my son is a year old I plan to move in with a man I’ve been seeing since just after the separation (we were involved previously for four years before I met my son’s father).

I left my ex husband before my son was born, and the father’s only rights, currently, are to an hour-long visit once a week (supervised, because he was found guilty of assault while I was pregnant, in addition to previous assault convictions and the involuntary termination of his rights to two previous children), and he does not pay the ordered child support.

If I move an hour and a half away (to pursue a better job offer, have access to better daycare and schools, and live with my partner), but continue to bring my son to the visits once a week (paying for the gas myself), is there any reason to change jurisdiction to where I will be living?

The order specifies that I am not to remove the child from the court’s jurisdiction, but it was filed in the county the father moved to after I left him, so I had it changed to the county we always lived in. Is it “contempt of court” if I move again? Do I need court permission to move?

I currently have a restraining order against the father, am I required to contact him concerning the move? The custody order specifies that he is allowed to contact me concerning my son’s welfare, but he refuses to do so. Do I need to obtain his permission before I move?

I understand that I might be required to do so if the child were older - but I left before my son was born, and the father sued for custody, but only sees my son an hour once a week.