Can I move with my kids if I share custody (I have 4 he has 3 days), but have sole legal? I may be part of a layoff and need to move to my home time of Ohio within the next several months. Would i really have to go through an extensive battle? - my ex doesnt even work.
Assuming you have a court order for custody, and if a move would prevent you from following the court order (for example, a move from NC to Ohio would), then you would need to file a motion to modify child custody prior to moving.
If you were to move with the children and such a move would prevent you from following the court order’s physical custody terms and the court order had not been modified to account for such a move, then you could be held in contempt of court and/or the other parent could be successful in getting an emergency custody order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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