I have primary custody of our 2 children, ages 9 and 12, and am self employed. I want to move to a larger town(Charlotte or Raleigh) where I will have more potential opportunity/business, either getting a job with a company w/benefits or continuing to be self employed. Getting a job is hard because I was out of the workforce for a long time and I’m in my late 40s. I feel like I need to be in a larger city plus there are so many bad memories here. I was formerly a SAHM prior to the divorce but worked part time at home. I was told if I am going to move the children I should do it now before middle school. We are divorced and our consent order says we must give notice (with our new address) if we intend to move more than 25 miles from our current city of residence. It says then we shall try to work out custody and visitation and if we can’t the court will be asked to do so. It does not prohibit either of us from moving. So, would you take this to mean I can move or does it mean if we can’t agree on visitation I can’t move? I have to give an address with the notice so I will have made a commitment. Would the court prohibit me from moving if that’s the case? My ex did not ask to have order forbid either of us from moving. I considered moving a year ago and my ex was fine with it then, but I’m not sure if he would feel that way now. He does not have a great relationship with the children and I wouldn’t call this an amicable divorce. What would you advise? Move or not?
You can move at any time as the courts cannot prohibit you from doing so, but you will need to make sure that a move does not cause you to violate the court order. Even if you move, you will still be expected to follow the court order for visitation time, exchanges, etc. If a move will make these things impossible or very difficult to do, then you should probably not move (so you won’t violate a court order) until a new order is in place.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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