Ex-wife's moving plans

North Carolina Divorce Law Divorce and Separation Answers
1

Dear caniwin:

Greetings. You should spend as much time with your children as possible. Docuemnt on a calendar what events you do with them…and make the calendar a fun part of their lives. You can create a picture scrapbook of your time together. You should ensure that you take them (or attend with her) doctor appointments and school events. Be as active of a parent as you can be.

You should let her know now that you have heard the rumor that she may be planning to marry this man and that you want her to assure you that she will not be moving the children. Tell her up front that you do not agree to the move and state all the reasons why. I would not wait until she has cemented her plans to move, but act before then.

The judge may grant her the ability to take them with her. The judge will be looking at what is in the best interests of the children. If living with your ex-wife is in their best interests, and the move is also in your ex-wife’s best interest, then the court may allow the move. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

My wife had an affair and moved out about 1-1/2 years ago. We have 3 children. We have since divorced and have had a parenting agreement in place for over 1 year. She has them 56% of the time, and I 46%. She has continued this relationship with a man who was also married at the time of an affair with 2 kids of his own. Our children were home schooled while we were married and had a difficult time adjusting to traditional school. They are finally comfortable with it. Now I find out she plans to marry this man and I assume try to move the kids with her. That would be 6.5 hours away. Everything the kids know is here. They’ve all lived here all their lives. My parents live here, her parents do. They’ve attended the same church with me (formerly us) for over 3 years, they’ve been in the same school for nearly 1-1/2 years.

She has to provide me and the courts 90 days notice of her plans to move (which she has not done yet). What are the best steps for me to take while she is unaware that I know. Also, once it becomes “public knowledge” where do I need to go from there. Lastly, what’s the chance that a judge would grant her the ability to take them with her, in the middle of the school year, and what are the best avenues I can take to prevent this from happening?