Moving after divorce


#1

There is nothing preventing you that I personally know of, as long as you are still going to be in the state of NC.

With the move you may have to consider the driving. Your ex may not be willing to drive the whole way and you may have to set up a half way point for you to meet for a switch off.


#2

If her ex does not object to the move then there are no problems. If her ex does object he can file a motion to modify custody. It is likely that she will still receive primary custody, but the court could make some adjustments to the schedule so that her ex can continue to spend the same amount of time with the children. The court may also make some allocation of travel costs.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

My wife and I have been married nearly a year. She has physical custody of her two children (11,14) and I have physical custody of my children (11,13,16). I recently received an incredible job offer that would necessitate a move. Currently we live about a half-hour from her ex, and would be moving about a hour and a half to two hours on the other side of her ex. Is there any legal grounds preventing us from doing so as long as we continue to agree to the existing visitation schedule? Thanks!