Is it possible for me to relocate?


#1

My ex-husband and I have joint legal custody. I have primary physical custody with 61% of the overnights.

Our separation agreement states that we have to maintain residences within 12.5 miles of our daughters’ school or we forfeit custody.

I have a specialized degree and will be unemployed in the middle of June. I may be unable to find work in my field given the current economy and job prospects in Charlotte.

I spoke to my ex-husband about possibly leaving the state and/or city with the girls if I could find a job elsewhere and he said absolutely not.

What are my options regarding relocation with our daughters? Would a judge rule in my favor in letting me move and take them with me?


#2

You will need to file an action for child custody and seek the courts assistance in setting a custodial schedule. Relocation cases are tough as many judges feel that the best interests of the children can only be met when they have the opportunity to see both parents frequently, however a judge’s decision will be based on all factors related to the bests interests of the children.