Moving Out of State w/Children

North Carolina Divorce Law Divorce and Separation Answers
1

A friend and his STBX has been to mediation a few times and have settled several issues. They currently have 60/40 custody (mom w/60) and she is threatening to move the children out of state. She became employed after separation and the move would be a personal move and not a job related. Her reason to move is to be with the boyfriend w/whom she cheated with on her husband. The father is paying child support (which is not from the worksheet) and is actively involved in their lives and does not miss any of his scheduled visitation.

Under what circumstance could she take these children out of state?

2

If there is an agreement or order in place that allows the father 40% of the time with the children she cannot move without being in breach of contract or contempt of court if the move will impede his custodial time.

3

Erin… .thanks for the reply. Would the ‘separation agreement’ . . .constitute as an “agreement” for his 40% custody? The divorce will be in a few weeks?

4

Yes, and if she breaches the agreement a breach of contract action is the proper route to take.
The divorce does not invalidate the agreement.