Yep, definitely at risk of him coming and taking the children and then one of us would need to file for custody. It sounds like from your answer on my other post though, that he would have the burden of proof in a custody case since I’ve been the custodial parent for 3 years. Until said custody was settled though, it would be messy for us and the kids and it doesn’t sound fun! Definitely easier to get an agreement in place.
Meanwhile though, am I “safe” to move us across town to an adjacent county that would be about 20 minutes longer than the current transit time (planning to move from South Mecklenburg County to South Cabarrus County, if that helps). What do the statutes state around local, in-state relocation?
From what I have gathered online, a NC/Meck county judge wouldn’t see a move like this as being bad for the children since it wouldn’t interfere or prevent them from seeing their father according to the status quo schedule we’ve been operating under. This is especially true if I am offering to help with the burden of transportation to alleviate the additional travel time. The Cabarrus schools are better per the state test scores and have smaller class sizes, and I would be able to move them from a small apartment to a house within a nice neighborhood due to the lower housing costs. He will say that I’m taking them from their current schools and changing their lives just so I can be closer to my boyfriend, however that is not the whole story. We plan to be married soon, which I would think is another thing in my favor since they would be in a more stable home with a full time male role model for my son. In addition, I work from home and have very flexible hours which affords me the ability to attend events, and to be involved in their activities.
Are the above assumptions correct or is there something I’m not aware of that would make my move risky (aside from making him mad enough to start a custody battle, which like you mentioned could happen anytime he gets mad over anything, to which I’m likely to be awarded as the custodial parent anyway).