Moving residence


#1

Dear agent4323:

Greetings. It is a vague statement, but I would suggest that if you move more than a couple of miles away it could disrupt the current visitation arrangement depending on what that arrangement is (which you have not disclosed). The children would go to another school, live further away, have games that could not be seen by the other party, etc. He could possibly take you to court to keep the children here, as he cannot make it so that you could not move. I would recommend deleting the paragraph if you worry about moving at all. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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

Yes, I see what you are saying now. We currently live in the same school district, and both attend sporting events, etc. That statment might definately put some reigns on my moving with my children. What if I re-worded that statement to something like…

“As long as the children are minors, both parties agree not to move to such a distance that might interfere with weekly visits of the children.”

This statement seems a bit more vague, don’t you think? Can you recomend a statement that I would be better off signing?

My X is going to make me sign something. He says he will not take out a statment that pertains to this.

Thanks, Alison


#3

Dear agent4323:

Than ask for more money. The key here is that your husband can ALWAYS go to court and ask them to transfer the children to him if you are moving, so this paragraph is really just icing on the cake for him. Ask him for some icing in return.

I would put in language that says that neither party will leave NC first, without 60 days notice to the other party. Make the geographical distance so far that it is easier for you to negotiate down from that to say, 100 miles. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#4

My husband and I have joint custody of our two children I am the primary care-giver. I am in the process of signing a separation agreement, but I am having trouble with a statement that he wants me to sign.
The statement is this, “As long as the children are minors, both parties would agree not to move their residence to such a distance that would disrupt the current visitation arrangement of the children without consent of the other party or the court.”

What does this exactly mean? What if my job causes me to move, or what if I remarry and need to move to a distance that might be a few hoursaway and the visitation schedule has to change? Can he take me to court and force me not to move? Can he take the children?

Is there a better statement that someone would reccommend, or am I making too much out of this?

Thanks, Alison