Moving out of state

North Carolina Divorce Law Divorce and Separation Answers
1

Yes, it is possible that he may take you to court if you move out of state with the children. What he would need to show is that his visitation was substantially changed due to your move, and that it would be in the childrens’ best interests to remain in NC (presumably with him). The court can decide where your children live. But, if you do not agree to this provision, you shouldn’t sign the agreement.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.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

Our one year separation is almost over and I will be filing for divorce. We have worked out custody/visitation, division of property, child support etc., before going to our attorneys. We have pretty much settled everything. I will have sole custody and he has very generous visitation rights, however, my soon to be ex-husband wants me to sign something stating that I will never move from NC. I told him that this is absolutely crazy. My family is here and I love living in NC and have no intentions of moving, but if somewhere down the line I get a job offer out of state or I get remarried and that spouse gets a job offer/promotion in another state that it would be ridiculous for me to have to turn it down because I signed such a statement. We have agreed to generous visitation and I would definately consider how the move would impact the kids and would certainly notify him and work out different visitation arrangements. He has threatened that if this ever happens he will take me to court and make sure the kids are taken away from me. Is this possible??