Relocating With Kids


#1

Dear Amy,

Generally, what your attorney told you is correct. The courts do not want anything to interfere with the other parent’s right to visit with the child on a regular basis. The idea being, of course, to keep from damaging the parent/child relationship. If you and your husband can come to some agreement on changing the current visitation schedule so that you can move out of state, then you have no problems. Otherwise, you need to convince the judge that you have a compelling reason to move closer to your family, and move your children farther away from their father.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.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

I have be separated since May 31,2003 and I have 2 children resulting from the marriage, ages 7 and 3. I work for a company that allows me to work remotely from home. My husband is originally from this area, but I am not. We have joint custody, but I am the primary guardian and care provider. I have lived here for 5 years, and have to connections to this state with the exception of my husband. My question is…Am I allowed to move out of state as long as I notify the courts, or do I need his permission? He has a new girlfriend and his entire family is here. I have no real support system here, and would like to move closer to my family. I spoke to my lawyer about this and he said that we would have to go to court, and moving out of state with kids is usually only granted to military personnel transferring to a new duty station. Is this the case? Thank you in advance for all your help.

Amy