Greetings. If you have a separation agreement, you can both agree to amend the agreement to state that living in North Carolina is in the best interests of the children. If you have a consent order, you may be able to modify the consent order by agreement to say the same.
Otherwise, you would need to file a Motion to Modify Child Custody when she begins to plan her move. My advice at present is to document by e-mail your concerns: that you are willing for the children to live with you, remain in their present school, and participate in their current activities if she does move by having the children live with you.
If you find out she is planning on moving, immediately go to see an attorney to get the children’s living situation put before the judge for determination. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.