Relocation rules in NC without an agreement in place


#1

My stbx refuses to sign our separation agreement, which includes a lengthy relocation clause. I am the custodial parent with him getting them every other weekends and sometimes once during the week. Can I move anywhere I want? What are the rules that govern relocation when an agreement is not in place?


#2

If you move out of state with the children your ex could file an action for emergency custody, and have the court order you to return the children. The best bet for relocation cases is to have your spouse agree to the move, otherwise it is up to the judge to decide what is in the children’s best interests.


#3

I don’t plan to leave the state but I might wish to move about 45 mins to an hour away. Is this considered “relocation” or should this be allowed?


#4

Your move could make visitation difficult, and it may cause your ex to file suit to prevent you from moving with the children. I strongly suggest you hire an attorney to help you work through these issues before moving forward.