Dear onedad:

Greetings. You can file a child custody action, but it is unlikely the child will be moved, since the child’s desires are not really relevant (although the court can take that into consideration). Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.


Was divorced in another state 6 years ago, both moved to NC 3 years ago, have 1 child who is 11. We worked out an agreement thru mediation where ex has primary custody but realistic time split for past 1 1/2 years has been closer to 50-50. All in all we get along ok. Both parties are remarried. Here is my question: I have oppotunity to move back to home state, all family is there, both mine and ex’s,child has mentioned how they would like to move back because they want to be around family/cousins his age. I have avoided discussing the issue with my child up to now but what are my rights? How to proceed without putting child in harms way at this point? What if child wants to move but ex says they won’t allow it? Please advise.
Thank you!