Moving kids out of state without fathers approval

I tried searching but came up empty handed. Me and my ex-wife have been divorced for over a year now. She is possibly relocating to Tennessee in Feb, but I dnt want my kids that far from me. We do not have a custody agreement listed per the court ruling, besides what we have agreed to between ourselves. What is recommended for me to do?

Thank you

If you do not have a court order for custody, then you will need to file a custody lawsuit against the mother (ideally you would file now and not wait). A court order would determine the custody and visitation schedule if she were to move to TN and it would determine whether the children relocated to TN with her or remained in NC with you.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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