Out of State Question


#1

My former son-in-law has physical custody of my grandchildren. He is contemplating a move to New Jersey. In their custody agreement he agrees that the children will spend Holidays and summers back in NC with their mother.

After he moves, what recourse would my daughter have if he refuses to send the children back at any time? My concern is now that he would be out of state, NC courts would be of no assistance to my daughter in holding him to the original agreement.


#2

If the father’s move affects your daughter’s custodial time in any way she can file a motion to modify custody in an attempt to prevent the father from moving with the children, or in the alternative to make suitable arrangements to ensure she is not prejudiced by the move.
North Carolina will remain the home state of the children and the state will continue to have jurisdiction over that matter unless and until none of the parties live in the state. Further, any order of this state is fully enforceable in all 50 states pursuant to full faith and credit.