Ex wants to move out of state w/ kids


Dear swimmer:

Greetings. Yes, you can have a say in whether or not the children leave the state by filing a custody action. You may also want to address the financial changes that may/may not happen when she leaves the state by requesting a modification of child support. Otherwise, yes she probably can remove the children from the state. Thank you.

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


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.


The kids are 16 and 17 and she has a custody. She is moving out of state due to a job opportunity. Is she free to take them with her (I suspect they would agree to go) simply on grounds of having custody or do I have a say? Obviously if I could I would rather keep my kids in state, so that I can see them. Thanks!