Moving 45 minutes away with kids

North Carolina Divorce Law Divorce and Separation Answers
1

I am the custodial parent in practice, and we do not have a custody agreement. The children have lived with me full time since the separation almost 3 years ago and my son sees my ex every other weekend. My daughter refuses to stay with him so she is with me full time. My ex does see them occaisionally during the week when it is convenient for him to do so.

I am thinking of moving 25 miles away, which would be about a 45 minute drive via the interstate, given stoplights and misc traffic. This would require my daughter to change schools as well. Am I allowed to do this or can he stop me?

2

You are allowed to do this since you have no custody agreement (formalized) in place. However, be careful of moving out-of-state since he could then file for emergency custody, which could force you to return to NC with the child. If it’s in-state, you should be fine.