I was just informed by my ex-wife (seperated since 02-01-2010) that she intends to move back to her home state of NJ in the next two weeks and was turning in her resignation at her job here in NC today. We have a current custody agreement that states that the child will reside with her and that visitation will be decided between us as I work an odd schedule (LEO). She informed me that her attorney advised her that all she needed to do was send me a certified letter advising me of the move and she could leave. This contridicts everything I have read about custody law based on the fact that our current agreement states that custody is agreed upon by both parties. I am not willing to agree to her just moving 10hrs away with my 19 month old daughter. Her reason for the move is she can find a better paying job in NJ but does not currently have a job lined up. She also stated that her father was having medical problems as well and that was another reason for the move as they are paying for daycare expenses because she will not allow my daughter to stay with anyone in my family and also will not allow her to spend the night with me. I know that I need to get an attorney asap and I am working on that but I was just looking for some quick info about what exactly needs to be done to keep her from moving before this can be settled with a custody agreement that affords me a fair amount of visitation as she expects me to drive to NJ and stay in a motel to visit my daughter. Thanks in advance for any advice you can offer!
I suggest you file an emergency motion for custody to prevent her from leaving with your child.