Moving from NC impact on child custody

North Carolina Divorce Law Divorce and Separation Answers
1

  1. If you’re both excellent parents and sharing lots of custodial time, a judge may well say that the children need to stay in North Carolina (you, however, can do what you want). If allowed to move out of the state, some likely scenarios are where you have the chlidren during the school year and the father would have the children during holidays and the vast majority of the summer.

  2. No, so long as the children are cared for properly. Every custody ‘battle’ will focus on everything that’s going on, not just one particular issue.

Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.

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I have questions related to two topics:

  1. Moving to a different state: If my husband and I divorce and I move to a different state, and my husband stays in NC, what is the likely scenario regarding custody of our two children, ages 3 & 5? A joint custody arrangement is probable since we are both excellent parents. Is it likely that a judge would require me to stay in NC to have joint custody rights and visitation? If I am ‘allowed’ to move out of state, what would the likely custody scenario be?
  2. My perceived fitness as a mother: I am a traveling consultant, gone from home 5-8 nights per month. My husband also travels ocassionally. When I am not traveling, I am home with my children. Will the fact that I travel for my job likely affect the judge’s perception of my fitness or desireability as a mother, thereby affecting custodial rights? Thank you.