My ex-wife is moving states. North Carolina to colorado. We have a written agreement for custody but have never been before a judge. She has already stated that he (our son) will be going with her and we will have to arrange a new system for visitation. What are my rights here? iI definitely don not want her taking him away from me and am in no place to move. I have also recently started a new job and planning the next five years here. She is using her daughter with her new husband as, to put it loosely, a bargaining chip stating to me “you wouldn’t want to split them up” constantly making me feel guilty for something that is in no way a result of my actions. She is leaving next month for her new job. her husband and her daughter are to follow a month later. She has stated that our son will be put in the care of her parents. That infuriates me as there is absolutely no reason I should not be his primary caregiver if she is leaving. To make it all worse I can not afford a lawyer. Help. I am desperate.
If your wife moves with the child and stops following the custody terms in the separation agreement, then she would be in breach of contract in which you could sue her for.
Your separation agreement may state that the terms are modifiable. If so, you and your ex-wife could arrange a mediation to negotiate the new custody terms for when she moves out of state. However, mediations tend to be unsuccessful when one parent is relocating.
Your best option is probably to file a child custody action against your ex-wife and ask for primary custody. North Carolina will have jurisdiction for a child custody action as long as your son has lived in the State of NC for the past 6 months.
You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource for you to handle your custody issues without spending thousands of dollars retaining an attorney.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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