Moving out of town

My husband has a 14 year old son from a previous marriage. When we were first married, his ex had primary custody and he had “visitation”. After hearing for years that his son wanted to be with us more, we filed a motion for change of custody in 2011 and finally got a change of custody in January 2012 (settlement, no hearing). We now have 50/50, week on/week off custody. In the past two years, my stepson has realized that he really wants to live with us during the school year due to differences in the households with responsibilities and organization. We are not a fan of the school district where we currently live and are contemplating moving out of town and have chosen an area approximately four hours from where we currently are. We will still be in NC, but obviously will not be able to continue our week on/week off custody. My stepson has expressed an interest in moving with us for the school year, but does still want to see his mom (and half brothers) during breaks and summers.

My question - if we cannot get the ex to agree to a change in custody (which she will most likely not do) and we end up going back to court, will a judge look down on us for moving away? My husband works from home and therefore our big reasons for moving are better schools (for my stepson and our daughter), better housing and to be closer to my parents. I know that a judge doesn’t have to take the child’s wishes in mind, so didn’t know if we are going to be the bad people in the judges eyes even if we are doing it for the sake of our children.

You should file the motion to modify child custody and be heard on your request to move before you do so. If you do something that alters the custody and changes the child’s school without the agreement of all the parties or an order of the court, it will not bode well for you in court. If you request permission, the court will weigh the facts and make a determination about whether allowing you to move is in the best interest’s of the child.