QUESTION
Do I need an attorney to make this move and can he try to take the kids?
Asked on May 28th, 2013 on Child Custody - North Carolina
More details to this question:
I have been divorced for 4 years. In our divorce papers, we both agreed to remain living in the same county. Recently, my mother bought me a home due to the fact we had been renting in a less than desirable area. It is one county away from where I live now and only about 15 minutes away. My ex-husband does not want us moving there, even though it would be a better area, and put me in a better financial situation. He pays no child support. Our only agreement was we split the children's costs 50/50 and he so far has only paid on medical bills and school book fees. He pays nothing on food or living expenses and he sees the 2 kids maybe twice a week. They never stay with him. I don't know what to do. I am a full time mother, my new husband works and I am ALWAYS here for the kids.
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like there has been a material and substantial change in circumstances, so you should file a motion to modify the custody arrangement. And while you are at it, ask for child support as well. Do it now, before you move. Also, you should get an attorney if you want it done right.
Answered on May 29th, 2013 at 9:06 PM
Give him 45 days notice of the move and he can try to stop it. But it sounds like you are moving for the right reasons and it is not very far away.
Answered on May 29th, 2013 at 7:38 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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That sounds like a horrible and unfair situation he is putting you through! You would think you are trying to move across the state or even across the country! Out of county but only 15 minutes, and for all the advantages you mention, sounds reasonable but unfortunately it sounds like your paperwork has specific language on residence. You mentioned "divorce papers" but then also say you "agreed". It will depend on whether you have an actual separation agreement/custody agreement vs a court order/divorce judgment which INCORPORATES an agreement as to how you can go about trying to change things to allow you to move. If he wont agree and/or it is a court order that requires formal modification, so far it does seem as if the facts are on your side such that it would be reasonable and in the children's best interest for the court to approve the move.
Answered on May 29th, 2013 at 7:32 PM