QUESTION
Can I move without his consent/approval if I have full legal and physical custody of my 2 1/2 year old daughter?
Asked on Aug 13th, 2014 on Child Custody - North Carolina
More details to this question:
He was offered visitation rights when she was 2 months old and that is when he gave me full custody; stating that he did not want anything to do with myself or the child. So, he does not see her/talk to her.
2 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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In North Carolina, if you have full legal custody you do not need the father's consent to move and take the child with you unless your court order or other agreement specifically requires you to do so. This is especially true under the circumstances you have describe, where the father has directly told you he wants nothing to do with either of you. In fact, if he has had no contact and expressed no interest in being in the child's life for a sufficient period of time (usually several years) you can petition to have his parental rights terminated. However, if you do this his obligation to pay child support will also terminate.
Answered on Aug 14th, 2014 at 7:18 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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You can move, although it would be wise to inform him that you are moving prior to doing so and let him know where you are going so that he cannot run to Court and claim that you are trying to flee the jurisdiction with the child. Also, it is unclear whether you have a custody order. If you do, check the order. There is frequently a provision in the order that tells you how much notice you need to give prior to relocation. If you do not have an order, he could potentially sue for custody although with his lack of contact it is hard to see how he would be very successful in doing so.
Answered on Aug 14th, 2014 at 12:01 PM