Moving once have custody


#1

Dear Atpeace:

Greetings. You should listen to your attorney, but I don’t know the entire situation, so I cannot give you a second opinion. While 17 miles does not seem far, it may be seen as a move away from your child’s other parent.

Have you discussed this with the other parent? If I were you, I would immediately write them a letter detailing the highs and the lows and ask their opinion. While it may be an act in futility, you may also be surprised by the reaction when you request their input and permission. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#2

Thank you for your response. My relationship with my ex is limited to a need-to-know as it pertains to our daughter. He was abusive (I did have a restraining order and domestic violence has been acknowledged by the Judge) and being further away from him IS a benefit, but I see the other side as well. I dislike the fact that, even though we’re nearly divorced, he has so much influence on my decisions.

I guess waiting a few months until things settle more isn’t a bad thing. Thanks again.


#3

Dear Atpeace:

Greetings. It is hard sometimes for parents to see each other’s positions, but I am glad that you have seen your-soon-to-be-ex’s position at all. That is a major step.

In your case, you would not want to ask him permission, but asking for his input in his child’s life and his opinion and showing that you respect the same, even if you don’t follow it, could go great steps forward for you. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#4

Related to the original question:

How does the court tend to look on the custodial parent moving farther away – to a neighboring state?

I will be divorced in about three weeks. The Separation Agreement did not address moving. I have been offered a pretty good promotion involving a move to northern VA. Do I need to obtain court permission?


#5

Dear Lighthouse:

Greetings. The court treats every child custody matter differently, especially those with parents that are moving out of state. You need to tell your spouse that you are moving. You may also want to sit down with an attorney to ensure that you can move away without protracted legal actions. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#6

How do the courts look upon a custodial parent moving?

History: I want to move about 17 miles from my current residence; which will increase the distance from my Ex, but it is for a better school district, MUCH closer to my work so it saves gas, wear n tear, and there will be more children in the neighborhood. My attorney said since my Ex is already considering appealing the custody case that I won last month, it’s not a good idea. But it’s not to punish him; it’s to make my life easier, cheaper and to be in a MUCH better section of town where crime is lower. My daughter is finishing Kindergarten so she could start 1st grade in her new school.