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.