My wife and I have been separated for a few months. We have been working with someone to formulate an agreement but we don’t have a separation agreement yet. She just got a different job in another state and wants to take it and take the kids. I’m worried she’ll come up with trumped up charges to get them. We currently have a 50/50 situation in practice. What can I do?
You may need to file a child custody action against your wife. This would enable you to present your case in front of a judge and have a judge rule on a custody schedule, whether or not the kids would be benefitted in moving out of state with their mother, etc. (assuming that North Carolina is the children’s home state (they have lived in North Carolina for the past 6 months)). Oftentimes, parents do not reach custody agreements without a judge’s involvement when one parent wants to relocate with the children.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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