Unless there is a court order requiring you to remain in the state, you can move with the children, however, you should consult with an attorney before doing so. It is unlikely tha your ex’s petition for custody will be successful given the facts you have set forth in this post.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Here is the scenario: Mom and Dad are divorced after almost 4yrs of separation. It was a no contest divorce with no custody order. Kids have lived with mom since the separation. Mom has remarried and is now moving to another state just six hours away. Dad has been in and out of jail is a convicted felon and is currently on probation, he has a history of drug abuse and has been in and out of rehab, all over the past 4 years and even now, he has not lived at the same address for more than 6 months (and I’m being generous it’s probably more like 3 months). He does not pay child support because he receives disability and ssi. He is staying with relatives right now. He has never maintained a consistent visitation schedule with the kids. But now that mom has found a new Husband he is suddenly interested. He has filed a generic custody complaint requesting exclusive custody of the kids. In this complaint he has statements that are untrue in regards to the kids ever living with him only, and about him paying voluntary child support. There is no mention of why mom should no longer have custody or anything about her moving out of state. He has been made aware of the new address and has never had any problems from mom arranging for visitations. The kids love both of their parents so Mom goes out of the way to make sure the kids spend time with dad even if she has to hunt him down, pay for movie tickets so that they can be proud of their dad. But dad is being spiteful and just seems to want to irritate mom. Is mom breaking any rules by moving and can she continue to handle this situation by traveling back to nc when necessary. Mom and kids new home is already in place and kids are scheduled to enter new school in a week. She just wants to make sure she isn’t going to be in some kind of trouble. She just wants to keep things simple and having to remain in NC because of this frivolous complaint (frivolous because he is well aware that he is incapable of caring for himself, let alone 2 school age kids). oh yeah the reason for the move is that moms new husband is in the military and has been relocated to another base.