I have temporary full custody of my children in the state of NC I am relocating to FL my ex lives in Oregon and moved not too long after the divorce he has not complied with his visitation rights at all but in our court order he has visitation and I have full custody am I able to leave the state with no issue or what am I to do?
You should not leave the State of NC if you would not be able to follow the current court order. Even though the father has not exercised visitation, if he ever tried, and you did not have the children available, you could risk being held in contempt of court.
Since you have a temporary court order, it would be a good idea to schedule a permanent custody hearing and present evidence that he has not exercised visitation and that you intend to move to Florida (and show why a move to FL is in the children’s best interests). You would likely get a court order for what you are asking for along with the court’s permission to move to Florida.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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