Primary Joint Custodian Moves Out of State


#1

Recently, my daughter’s mother unilaterally moved out of state and took our daughter with her. Our separation agreement specifies joint custody, with the mother being the primary joint custodian, but the agreement does not specifically address such scenarios. The agreement does, however, deliniate visitation rights. As such, I believe my visitation rights have in effect been compromised, even though my consent was not required for the move. Is there a statute or legal precident that allows me to deduct expenses associated with visitation from child-support payments?

Also, in North Carolina, what is the age in which a child can choose which parent he wishes to live with?

I would like to add that the Rosen Law Firm handled my divorce.


#2

There is no statute that allows you to deduct your travel expenses for visitation from child support. You may file a motion to modify child custody and child support with the court in order to address this issue.