Moving, can this be done?


#1

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?


#2

Depends on many things. Are you the custodial parent?


#3

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.


#4

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?


#5

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.