Joint custody or not?


Dear Jingles:

Greetings. First, joint custody means joint decision making - not how often you have the children. Sole custody means only one parent making all the decisions.

Yes, your husband may have a say in the children remaining in the area. Although he cannot “take” the children from you, he may be able to have a judge order that they remain in the area where they currently live - which may mean that they will live with him if you move. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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.


Help! My husband and I are separated & he has the kids Saturday mornings from 9:00 a.m. until Monday mornings at 7:00 a.m. & then he has them again on Monday night from 5:00 p.m. until 7:00 a.m. on Tuesday morning. I have them the remainder of the time. Is this truly “joint custody”, or is it actually I have full custody & he has visitation?

Also, I am moving 3 hours away (still in the state of NC) & have no desire to keep his kids away from him, but he says he can’t drive that far & he wants to have full custody. Can he take the kids from me if I move?

Thanks for your time.