I am creeping up on month 9 of my separation. Here’s the situation…I have primary physical custody of my four children aged 18, 14, 11 and 11 as stated in the Separation Agreement. They currently have visitation with their father every other weekend. We are in Wake County, he is in Johnston County. There is a possibility of a move to another state this summer. How do I go about planning for this legally? Do I need a court order prior to filing for the divorce? Is it required that the other parent is notified of any legal action? He says he will fight me if I try to move the kids away from him. I am trying to get myself in a position where I am prepared for whatever I will have to do to make the move happen with as little difficulty as possible. Please outline for me any necessary or recommended steps to take between now and the divorce filing and beyond. Thank you!
I would have to read the separation agreement to give you a complete response, but chances are you need to file an action for custody so you can have a court determine that you can move with the children to another state. If you want to move this summer, you should file as soon as possible. You will have to serve him wtih a copy of the complaint, so yes, he must be notified of the legal action.