I’m sure this question has been asked over and over, but here’s my question. I want to move over the NC state line for a new neighborhood right in SC, 2 min from the state line. My ex doesn’t seem to have an issue with the schools there, in fact he’s the one that has mentioned he might move there as well, but he keeps saying I’m not legally allowed to leave the state. Is this true? We have a separation agreement (not a court order), and the only thing it says about moving is if we move more than 30 miles from the current residence we have to give a 60 day notice (does not say we can’t do it); it does not mention state specific guidelines. In this situation, it is not 30 miles away; the only issue is that it’s over a state line. The daycare that would service before and after school is actually a NC daycare, and the schools are rated higher than the one my house and my ex’s house are zoned at. So he’s not objecting, but he’s giving me a little bit of a hard time in the fact he says “it may be an issue one day”, and I just need some peace of mind. This would be at max a 25 min commute, not even 30 miles. He has tried to say when i mentioned it before that it could be considered “kidnapping” to leave a state line. I’m not looking for the advice to go to a mediator or back to a lawyer, simply looking to see if there is a firm law in NC that prohibits this (basically, just want to make sure he is not truthful in saying it’s considered “kidnapping”). We have joint legal and physical custody, and the new neighborhood would not interfere with visitation in the slightest. Thanks!
Are you separated or divorced? I typed a response assuming just separated, if you are already divorced, you just have to follow the agreement. If it doesn’t say you can’t, you can.
p.s. “kidnapping?” How could it be kidnapping if you share custody? I’m presuming he will still get to have his shared custody, correct? So how is it kidnapping? If you didn’t have custody and took him across TOWN without his permission, that could be kidnapping, but assuming you have permission to have him with you at your residence, it’s not if your residence happens to be over the state line? It’s my understanding the agreement terms are all that matter. If it says a distance, you go by that. A time frame, you go by that, both you go by both. If it specified MUST be in-state, even if five minutes away, you go by that.
It sounds like you are operating within the terms of the separation agreement. The only concern that I see about moving across state lines is being subject to an emergency custody action for fleeing the jurisdiction. You should attempt to get him to sign a modification acknowledging the move and the change in school districts. If that doesn’t work, you should send him a letter acknowledging everything so if he tries to file something against you, you can show that he was well aware of your plans.