Moving out of county

North Carolina Divorce Law Divorce and Separation Answers
1

My ex and I have joint legal and physical custody. We share 50/50. The house he lives in is in foreclosure and scheduled for sale. He is planning to move from Cabarrus County to Mecklenburg County and live with a 43yr old single male friend. I have a 6yr old son and a 10yr old daughter and neither of them want to move in with this person. I don’t feel its in my daughter’s best interests to be living in a house with a 43yr old single male.

How can I handle this situation? Can I file for emergency custody if he does, indeed, move in with this person? I could then seek to have our custody arrangement modified, assuming that his moving out of county is a substantial change in circumstance?

We currently live 3 blocks apart. Our children’s school is 5 minutes from our houses.

2

If the move makes it impossible to continue the current custody schedule, then it is definitely a substanial change in circumstances warranting a modification. Depending on the specific living arrangements at his new place and why your children do not want to reside there, you may also be able to argue that the accommodations themselves equate to a change in circumstances. It would be best to consult with an attorney to discuss the specifics to determine a course of action.