I would like to know if this can be done or not.
I may be moving within the next 6 months back home to Calif. I would like to know if I am able to do so if we haven’t gone to court on custody yet?
What are my options?
Depends on many things. Are you the custodial parent?
Moving to California without a custody order can subject you to parental kidnapping charges, and NC will require you to return the children to this state for a custody determination if your spouse files suit for custody.
right now there is a temp order in place naming me the custodain parent. He has already left the state a yr ago. I remained here. But the EX and I have both moved on with our lives and my partner if I marry him is in the military and may get orders to Calif.
I don’t even know when we will go back to court for custody. It took over a yr and a few months to just get the divorce done with because he didn’t seem to care.
So, should I just let the courts know what is going on?
If moving out of state would impede your spouse’s visitation you could be held in contempt of court.
Rather than waiting for the court to schedule a hearing, you can attempt to work this issue out with your ex. If he consents to the move, you may enter into a Consent Order on permanent custody.