Legal custody


#1

Dear Charlotte,

It really depends on what your order says. If your order does expire in 1 year, then you should be fine to move. But, if it’s a temporary consent order, without a defined expiration date, then it becomes permanent if a court does not enter a permanent order. In that case, you will be bound by the order until another order is put in it’s place. If you move, depending on the language of your order, you might be in violation of that order.

Keep in mind that custody is always modifiable. If you can show the court that there has been a substantial change in circumstances, then the court may modify your order to allow you to move.

If you decide to marry again, that shouldn’t affect your custody greatly.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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.


#2

I am not legally married and I have legal custody of my children, but my spouse refuses to let us move out of state and it’s on the consent order for 1 year. If after that order is expired what should I do in order for me to move out of state, because I don’t plane to live here in Charlotte, NC for the rest of my life. Also, if I ever dicide to re-marry would that be an issue of child custody? Please let me know.

Thanks