Considering Remarriage/Relocation

Let me amend my previous post - the agreement between my ex-husband and I is a consent order for custody. It does not include any limitations on relocation. I guess what I want to do is find out 1) if its ok to relocate without his consent and 2) how to modify the existing visitation schedule to accommodate a longer distance between our two households, and also to be more reflective of his actual use of his visitation privilege currently? And I can expect him to be argumentative - his is very controlling and jealous.

Dear Busy Mom:

Greetings. After you set the date for divorce, but before the invitiations go out, I would file a motion to modify child custody. You should also locate a job in your new boyfriend’s area. Keep a calendar of how often your ex uses his visitation time. Also, you may want to take your child to counseling to help him deal with the lack of a steady father figure, etc. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

My difficult ex and I have a private contract (not court ordered) which gives me sole custody and him visitation of our 7-year-old son. He takes advantage of perhaps 1/2 of his visitation and is not involved in any decision-making (ex. pediatrician visits, psychological counseling for son, education choices, etc.) He was verbally abusive and physically threatening during our marriage and was convicted of a domestic violence charge. He continues to be verbally abusive. He is in arrears on child support payments and his wages are garnished for payment. We live in the same area.

We have been separated/divorced for 4 years. I have recently begun dating someone seriously and should the relationship result in marriage, would like to relocate to another city in NC. We do not have any clause in our contract relating to relocation. What do I need to do if I expect him to resist my relocation?