Wanting to move out of state

North Carolina Divorce Law Divorce and Separation Answers
1

We have joint legal custody of the children, I have primary physical custody, and my ex-husband has secondary custodial periods (9 overnight visits per month). According to our separation agreement, “each party will keep each other informed of any change in address…and shall notify each other of any anticipated move that would require a change in the custodial schedule as outlined in the Consent Order and shall provide at least 60 days’ notice to the other party. If the parties are unable to reach a mutual agreement on a revised custodial schedule, they agree to mediate the issue prior to filing a motion with the Court seeking resolution.

Given the above information, am I able to relocate with the children to another state to be closer to supporting family, and better employment opportunities, if I give proper notice to my ex-husband. My ex-husband travels frequently, his main office is not even in North Carolina (I should expect to have to mediate a new custody schedule, as heretofore my ex-husband has been unwilling to reach any reasonable compromise on any issue)?

Thoughts??

2

Regardless of whether you have the legal right to, I personally would not relocate unless under dire circumstances because of the immense value of having my ex in my child’s life on a routine basis. Just my 2 cents.

3

Your post is confusing as it references both a separation agreement and a consent order. Usually, both parties must consent to any major decisions for the children, which would include a move that is far enough in distance to change the children’s school. If your move would also alter the custodial schedule, you should make sure that you have an agreement/order entered that addresses the change prior to the move, otherwise you could be held in contempt, or if there isn’t a custody action pending, he may file an emergency custody action for you leaving the jurisdiction.