Do I have to stay in NC?


#1

Until custody is decided, NC will have jurisdiction over child custody and a NC court has the right to order that the children remain in NC.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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 but a full discussion with an attorney should be undertaken before taking any action.


#2

So I cant leave NC during our seperation period??? My family and ONLY support is in California! Where am I suppsoed to live if I have to saty here?


#3

Dear kellann25:

Greetings. That is not what Lisa said. She said that the court can order the children back. If you and your spouse can agree to the relocation for economic reasons, then of course you can move.

Your arguments about family in another state will not work in court if your spouse wants to be active in the children’s life. Also, as far as the financial issues, alimony and child support should provide you with sufficient support to live in NC during the separation, and possibly for the life of your child. Good luck in whatever you decide.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#4

I have a follow-up question on this. Suppose that she gets custody of her children, can she THEN move out of state? I possibly might be in a similar situation in the future but would be on the other side of this arguement. I don’t think it is right that the parent with custody just takes up a moves the children across the country away from the other parent who is wanting to be a highly involved in the childrens’ lives.


#5
quote:
Originally posted by frustr8ed
I have a follow-up question on this. Suppose that she gets custody of her children, can she THEN move out of state? I possibly might be in a similar situation in the future but would be on the other side of this arguement. I don't think it is right that the parent with custody just takes up a moves the children across the country away from the other parent who is wanting to be a highly involved in the childrens' lives.

So many families have been faced with this question. First, the Court will always seek to do what is in the children’s best interests. Second, custody has two main considerations (where the kids will spend their days and nights and legal decision making). Assuming you are both fit and proper parents, and believe me the standard for fitness is not too challenging, you will each have legal decision making.

As for where they will reside, that is difficult. Both parents want access to parenting and the one with the children residing with them may want to move far away. What is the other parent to do? First, ask the other parent to consider the two of you consulting with a child specialist (psychologist). You do not have to attend the meeting at the same time, if either of you feels uncomfortable. You do however, want to discuss our situation and get their opinion about what type of visitation schedule would be developmentally appropriate for your children. If you choose not to take the specialist opinion or otherwise cannot agree, either of you can seek a Court


#6

My husband and I live in NC, we have for 4 yrs. We have 2 children, one is 3 and the other just turned 1. My family is in California, they are my only help and support. During seperation can I live where I was nt? Or do I have to stay in NC??? What about when custody is decided? He said I have to be here so he can see his kids. Is that true?