Seperation in the middle of Job Relocation

My wife and I have been struggling through marital issues for some time, she has been involved with another man for about a year. I found out about 6 months ago and we tried to work it out. At the same time, I accepted another job that was located out of state about an hour away and decided it would be best that we try the commute to not disrupt the children. I found out in April that she had not stopped seeing him. She left the house for a week to get some clarity about what she wanted. Due to the fact that the marriage was struggling, and my job was suffering, we decided that relocating with the job, (company supported) would be best to restart our family and marriage. One month into the house being on the market, she has still not ceased the relationship with him and I’ve made the decision to end the marriage.

I want what is best for the kids, and I also want custody of them. i obviously have to move for my job, what is the best course of action to help me with getting custody of the kids? Will i be able to move them out of state and still maintain a schedule for their mother to see them?
Can this be solved with a mediation? Thanks for your help.


You may file an action for child custody and the court will hear your case and award custody based on its findings relevant to the children’s best interests. Moving out of state is not necessarily a big issue so long as the distance between your homes makes visitation with the non-custodial parent practical, and your wife agrees that the children should move with you. You cannot however make a unilateral decision to leave NC with the children.

Many cases are resolved in mediation, but that requires the parties reaching an agreement between themselves.