Move to FL and ex filed motion to restrain

North Carolina Divorce Law Divorce and Separation Answers
1

In order to give you additional advice on this I would have to meet with you in person, I can’t give an opinion on this detailed of a custody issue on the forum.

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

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.

2

I wanted to update anyone who might be interested. I went ahead and moved to FL per my attorney’s advice. My attorney sent ex’s attorney a letter of notification the day before we left. When the ex’s attorney received the letter, he filed a motion for an emergency hearing and I had to go back to NC for a hearing two days later.

The ex’s attorney didn’t state either condition for ex-parte (children were in danger or I was attempting to flee jurisdication of NC)so my attorney said he really didn’t have a legal leg to stand on.

Before we even saw the judge, ex’s attorney and my attorney worked out a temporary visition order going through the end of the year. He got exactly what I offered him when we attempted to meet regarding a visitation schedule and he has to meet me half-way!

My ex wouldn’t drive 20 minutes to pick up my girls and I know he won’t drive 4 hours (at least not more than a couple of times).

We did offer him six (five nights) days of visitation starting the day after court. It was excruciating for my girls. They called me constantly complaining about the new step-mother being mean and they were bored because they were left with their 80 year old grandparents while Dad was working.

One of my daughters had a doctor’s appt while he was exercising visitation and he refused to take her. I had to pick them up and take her so she wouldn’t miss it. My second daughter got sick three days into the vistation. He didn’t know what to do with her, so I came by to check on her, ended up taking her to urgent care. The doctor there thought her white blood count was high so I was sent to the emergency room. They couldn’t find anything wrong, gaver her medication for her nausea and she seemed much better right away. I called the ex when we left - asked what he wanted to do and he said I could take her home, but he kept the second twin. First twin was absolutely fine the following day. Family members suggested she was just so stessed that she made herself sick. Maybe. Who knows?

I am now back in FL, the girls have started school and seem very happy. I start my new job in three weeks. All seems to have worked out well.

3

I wrote before asking some “what ifs” that have come to pass and now need more help.

Here is the background again:

I have primary physical and legal custody of twin daugthers who are 8.5 years old. My custody order does not state anything about moving out of state. He has visitation “as we agree” which he has not excercised regularly in six years. Over the past two years, there may have been 10 overnight visits (Saturday 6pm to Sunday 10 am). Prior to that his typical visitation was 4-5 hours on a Sun every 2-3 months. Since Jan 08 he is paying ordered child support plus some towards arreas, but is still over $10k in arrears, does not carry insurance as ordered, refuses to reimburse for medical expenses as ordered.

He remarried last July, didn’t tell me until October and bought a house later that month (or I should say her daddy bought them a house). He began pushing for more visitation, but still not on a regular basis and my girls starting having issues - not wanting to go over, definitely not wanting to spend the night, etc. They state the new wife is mean. Ex would call last minute and want a weekend visit, but we already had plans. He would get irate and claim I was keeping the girls from him, but that isn’t the case.

My office closed June 30th and I am now out of a job. I have another offer for the same position with another company in Orlando - better pay and an opportunity to grow. I have spoken to multiple recruiters and due to my lack of a college degree, replacing my job is difficult and I will be looking at a 20K reduction in pay. The new job needs me there by October 1st.

Ex would not consent to move and filed a motion to restrain my move, permanently restrain my move from NC, set a regular visitation schedule and custody if a choose to move.

Previous discussions from multiple attorneys stated I could move because my custody order did not prevent and that it was unlikely NC would restrain me due to the move being for a job.

I spoke with my attorney today - not retained yet - and he says I have a 50/50 chance at being allowed to move and cannot possibly get into court until December - which means I would lose the job opportunity, which I desperately need to support them.

In this case, do we go to mediation first or straight to court? What can I expect and what are my chances?

Any advice, insight, experiences would be extremely helpful.