Relocation with joint custody


#1

My ex-wife and I have shared joint and physical custody of our children. Our separation agreement notes that neither should move more then 25 miles. I am wanting to move with my girlfriend, whom I intend to marry. This move is 29 miles from my current residence. My ex wife told me that she would take me to court if I make this move. Her grounds would be that the move is too far for the kids to ride to school ( drive distance is 30 min greater, with total travel just under 1 hour). She has no issue with the move distance other then as it relates to school travel for the kids. I have told her my move would not interfere with me taking the kids to school, taking them to their after school activities or bringing them to her during the transition from my days to hers.

Does she have grounds to stop me from this move? She states that she will file for emergency custody because of the drive time increase.


#2

I don’t think she has the grounds to stop you from the move, but you will be in breach of the contract and she can file a custody action and may have an argument to change the custodial arrangement. The test is what is in the children’s best interest, and if the judge determines that it is in the children’s best interest to reside with her primarily for school purposes, she may order it as such.

It does not sound like your wife has grounds for emergency custody under the statute (NCGS 50-13.5(d)(3))