Moving Out of State- Question about this


Dear harter:

Greetings. This is a difficult question to answer, and is individual to each family unit, based on their custodial agreements and arrangements. Of course you can move, but the real question is what will happen if I do move, right?

If you move, you will severely hinder the child’s mother from spending time with the child. Driving to Tennessee every other weekend would not be my idea of quality time with my child. I am sure that the court will look at this if you decide to relocate.

You may want to go ahead and file a custody action here in North Carolina and ask the court to set up a new visitation schedule which will allow you to move to Missouri. If you move without an agreement on custody, your ex may request the court return the minor child to her care. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.



Me and my x girlfreind has 1 little girl together, she’ just turned a year old. She Left me last Dec. So I got Custody papers on my girl. She didn’t get a lawyer, and I convinced her into signing Papers. I have Physical Primary Custody, and Joint legal custody. I am from Missouri. I want to move back to missouri but Her visitation is 1st 3rd and 5th weekend each month. Hence, Every Other Weekend. My Papers say nothing about moving out of state or anything. But it does say meeting half way on exchanging her. Can I move to Missouri and Meet her half way every other weekend in Tennesee? She wouldn’t sign any papers about Moving Out of state. So I had the lawyer not put anything in there. I know she won’t drive half way. But I Can and Will. I want to use this to get her to sign Reasonable papers. Like I get her for the school year, and she gets’ her in the summer and holiday vacation. My Question is… Is it Legal To move out of state.?.. Thanks NH