Out-of-state move


#1

Dear cool_dad:

Greetings. What is the purpose of the move?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

The purpose of the move would be job related. In my field/industry there are many more opportunities outside of the RTP. Even Charlotte is good area. All in all, I would prefer not to move. I want to better understand my options.

Thank you for you time.


#3

If you were to move, and if the other parent were to object to the move and seek custody, then a judge would have to decide who should have custody. The move would be a factor (but less significant since it is for a pretty good reason). The lack of contact by the other parent with the child would be a big factor. Th judge would balance these factors and all other pertinent information to make a decision in the best interests of the child.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
(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

Thank you very much. I have two follow-up questions:

  1. Are the issues the same for moving out-of-state and, say, moving to Charlotte? In other words, is the issues focused on separation from the other parent?

Again, thanks.


#5

Issues are the same.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
(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.


#6

Does my 6.5 year old son have any “say” in where he lives under these circumstances?


#7

Dear cool_dad:

Greetings. No, a child that young would not have a say in the matter and bringing the child into court may be looked at as not in the child’s best interests. Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#8

Question:
What issues are involved with me and my son moving out of state?

Facts:
Written agreement that provides for “joint” custody. However, as time has past, my son (age 7) lives with me full time and generally does not stay with his mother at his choice. They spend about 4-8 hours together a week; time during the week or weekend.

Although I frequently communicate with his mother regarding parental matters, I generally make all decisions and provide all most all financial support.