Move out of state


#1

I do not know what the exact process is on this but I do know that if your order does not address it and you have primary physical and legal custody then you should be free to go ahead with the relocation.
If your ex does not agree then he will need to file with the court to keep you from moving but that would mean he would need to file for modification of custody…document the visitation situation as it is and keep records as you can in case he does choose to fight this. His attempts to keep you from moving may not get him anywhere since his visitations are sporadic and you have primary custody. Since your reasoning is not to keep the children away from him but instead a job opportunity that you would not be able to find in the area you are in now, it’s likely that the courts would allow it regardless…


#2

If your custody order does not prevent you from moving you can do so. However, your spouse may file a motion to modify custody. If he has not exercised regular custody with the children then it is not likely the court will order the children remain in the state.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3
quote:
[i]Originally posted by stepmother[/i] [br]I do not know what the exact process is on this but I do know that if your order does not address it and you have primary physical and legal custody then you should be free to go ahead with the relocation. If your ex does not agree then he will need to file with the court to keep you from moving but that would mean he would need to file for modification of custody....document the visitation situation as it is and keep records as you can in case he does choose to fight this. His attempts to keep you from moving may not get him anywhere since his visitations are sporadic and you have primary custody. Since your reasoning is not to keep the children away from him but instead a job opportunity that you would not be able to find in the area you are in now, it's likely that the courts would allow it regardless...

#4

Thank you both for your responses. I have been quite distraught over the idea of taking this job, moving and possibly having to bring my girls back to NC if he filed for custody.

I also have been distraught over the idea of turning down such a great opportunity for me and my girls.

[:)]


#5

You are not in the easiest position, I wish you the best of luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

I hope you have no problems with this, but I would consult with an attorney in your county before you leave. My daughter lost custody when she moved from NC. Her ex always stated she could take the kids and move, she did and four months later she lost custody, there was a written agreement between them (not notorized) this didn’t even help.
If you live in Union County beware. Make sure your attorney is from the county you live in. At the temp hearing the residing judge was talking to an attorney and stated let them get a high price attorney from Charlotte, I knew we were in trouble then. From our experiance it’s who lies the best and first, attorney from Charlotte and the opinion of the Judge. I don’t mean to sound depressing but get good legal advise and someone who has handled out ot state cases.
Good luck to you


#7

I have not found a posting that matches my situation exactly, so here goes.

I have primary physical and legal custody of my twin daughters (8-years-old). My ex has visitation as we agree because he would not commit to a set visitation schedule. He has not exercised visitation on any regular basis over the past six years, sometimes going 2-3 months without seeing them even when we lived 1 mile apart. My custody order does not address residence in NC, relocation or anything like it.

I am being laid off at the end of the month. I am considering a job offer that would require me to relocate to FL. I am certain my ex will not agree to the move.

I cannot find details on NC law online. What is the process? Do I have to file a notice of intent to move with my ex? Do I have to have the courts permission before I move? If I have to have courts permission beforehand, how long might the process take? I don’t want to lose this job opportunity.