Ex moving out of state with kids

North Carolina Divorce Law Divorce and Separation Answers
1

My ex is planning on moving to TN after finishing school, and taking our children with her. Our separation agreement that was incorporated into the judgment, states “that she has primary physical custody of our 2 youngest and I have primary physical custody of our oldest. We both share joint legal custody. And reasonable visitation times will be mutually agreed upon by both”. I’m active duty and currently stationed in Portugal, but have orders back to NC before she will finish school. So I have two questions:

  1. Can she take them without my consent?

  2. Can I stop her from moving out of state with them?

The only reason I opted to go back to NC is to stay close to my children.

2

Her plans to move, and your return to the states would constitute a substantial change in circumstances warranting a change in the custodial arrangement. I suggest you file a motion to modify and seek a temporary restraining order preventing the move until the court can make a determination of custody now that you are coming back to the states.

3

Thank you.

4

You are welcome. I wish you the best.