In state move impacts custody arrangement


My Ex-Wife and I have been divorced for almost 2 years and have a custody agreement that was entered as a court order. The current arrangement is written as follows:

" The parties shall share joint legal and physical custody of the minor children as follows:
(i )The Plantiff [Mom] shall have primary placement of the minor children during the school week from Monday through Friday.
(ii))The Defendant [Dad] shall have secondary placement of the minor children on Friday of every week from the time that school dismisses until Monday morning when he takes the children to school
(iii) The same custodial arrangement outlined in paragraph(i) and (ii)shall be in place during the summer or other holidays when school is not in session"

On this past Friday my ex informed me she was moving to Raleigh that weekend, which is 2 1/2 hours away from here. She also told me she was pulling kids out of school here an taking them with her the very next Monday morning (2 days later). IT is important to point out she had not told myself nor the kids she was moving…I had already picked them up when she laid this on me. After much ‘deliberation’ I convinced her that they needed to finish the school year here, which she is “allowing” to happen at this point.

My question is does she get to just up and move, even if in doing so it makes the current custody arrangement impossible to comply with? I’m not going to wake my kids up at 5AM every Monday to take them to school in Raleigh. And what if she gets tired of commuting between now and end of school and decide to yank them out of school here and enroll them there for the last few weeks. We have joint legal custody…how does she get to arbitrarily decide where they go to school???

Any advice is of course greatly appreciated.


You should file a motion for emergency custody, and try to get the judge to sign a status quo order to keep her from moving the kids to Raleigh and removing them from school.

Would this same action be relevant for moving 26 miles away, which would be a 35 to 45 minute drive to/from school?