Ex moved with the kids

North Carolina Divorce Law Divorce and Separation Answers
1

I have a friend who has been in turmoil over his current situation with his ex and his kids. I am hoping the forum can provide some options for him.

My friends ex wife has full custody of the 2 children and my friend gets visitation every Wednesday night and every other weekend Friday to Monday morning. In December, my friends ex wife told him she got a promotion with the bank she works for and she was moving with the kids 4 hours away in mid January. You have to note here that the children have lived in the same town their entire lives, went to school here, had the same friends and always lived within 10 minutes of their entire family on both sides. The kids did not seem to be very happy about the move. They know no one there. Of course, my friend expressed that he did not want his kids to move. His ex wife basically said too bad you don’t have a say in it and I’m moving with the kids rather you like it or not. However, he did get her to verbally promise she would bring the kids to him every other weekend for visition. He tried to get her to put it in writing she would not (of course). But note, that still has him losing Wednesday night visits and Sunday overnight from the get go because of this situation. Well already she has went back on her promise and is not bringing the kids here for visitation every other weekend like she promised. So the just of this is she’s move the kids without his consent and now he is not getting to see them. What can he do?

He’s an excellent father, pays 1600 per month child support, and has always got his kids even more than he is supposed to. Just doesn’t seem fair.

2

He could file for custody, or if there is already a custody order in place, he could file for a modification because of a change in circumstance.

3

same happen to me except my wife moved 1000 miles away.

if he does not win primary custody, he should get significant increase summer and school holiday visitation that exceeds what he is losing or has Established. He loses seeing children for school plays and games on nights not his as well. If she does not agree, that is independant action proving her move purpose was to twart him (loose custody for her). She bear transportation cost in proportion to their incomes.

I can come and go when I want, my paying transportation cost. my child suport was lowred to cover about 1/3 of transportation cost. I get
all three day weekends, almost all summer, most of xmas break… basically I can exercise over 100 days per year. I do not fly for just weekends, so now I fly for 5-7 days visitation including school days, and still get almost all holidays and most of summer. Anything less than
her living in the same town means there was a bad motive on her part…IMO.

Additionally the children have a relationship with the extended family and grandparents should be given extensive visitation rights.

Her not helping with visitation should help him win custody or significant increase visitation. I would ask for all of summer. She is stupid, the burden is on her to Foster contact with the other parent.