Husband moved for his job, we were to follow


Dear transientmom:

Greetings. Yes, the PI will help you with your alimony claim if you find evidence of adultery. If I were you, I would file in NC as our laws are very helpful to you. After you file, if you choose to move, then you at least know that the laws will not change since you will be under the jurisdiction of NC. It is important to note that if you move prior to a resolution, your spouse may try to petition for a change of venue to move this to another state, etc. Therefore, I would remain in NC until you both come to a mutual agreement.

No, the impact on custody of you having a job is slight in my opinion. You do have leverage, even though you have no income. Best of luck…and let us know if we can help.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


My husband moved to KY for his job in December. I stayed behind with our son in order to sell the house. It stretched out to the end of the school year. The house is on the market but still hasn’t sold. My son and I still live in it.

I recently found out my husband has probably been visiting prostitutes although I don’t have tangible proof – just cell phone numbers and frequent $200 ATM withdrawals. Working on that with a PI. Husband’s a corporate type with great credit and an executive-level job. He has terrible judgment when he drinks (drives while drinking…oh yeah, and the prostitutes) and is a heavy drinker. This concerns me about custody and visitation.

“Will proof of infidelity/sexual impropriety/whatever help my situation? Or, should I not worry about continuing to pay the PI?”

Also, I feel it would easier on our son not to move in with his dad only to move out again. I do, however, want to move to KY in order for son to be near his dad and I will be closer to my family. But, if we’re going to be divorced, I would rather live in a different city that is less than 100 miles away.

I don’t have a job. I have been a stay-at-home mom for our son (6yo) and haven’t worked because we moved so frequently for his job I didn’t want to keep leaving jobs. I will be able to find a job though.

I would want primary physical custody because of the drinking (no DUI record for Dad or anything, so nothing tangible there either). How will leaving our home (which is for sale already) and moving to a new area without a job impact my ability to achieve this.

My question I guess is…

“Is it okay to go ahead and move to a new area but file in NC?”
“Will the fact that I don’t have a job and will be moving to a new area impact my ability to have primary custody?”

It’s just that when you have no income, you feel you have no leverage. Probably because you don’t.