Louisville, KY asked in Child Custody and Family Law for North Carolina

Q: can the custodial parent move her and our daughter across country without my consent?

the mother has sole physical custody (I was inthe military, and live 500 miles away), but we have joint legal custody and I have visitation rights. she informed me today that her and our daughter are moving 1003 miles across the country with the mother's boyfriend. the mother is pregnant by the boyfriend, but she has had to run from him in the past due to his aggression in front of our daughter, to include fleeing their home. I have voiced that I do not consent to the relocation of my daughter, but the mother says I have no say, they are moving. She won't tell me when, why, or give me any details. I haven't gotten to see my daughter in months because of COVID. is there anything I can do? I can not afford an atty at this moment, and with the pandemic can not take a week off work to go the 500 plus miles to their county. mother lives in Fayetteville, NC. I live in Louisville, Ky with my wife and other children.

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1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Typically it would be improper (and may even be a crime) to move out of state with the child without consent. If you have had either court orders and/or formal agreements put in place and if they were done properly, they should have addressed this issue and what terms either of you could move out of state under. The bottom line here is you need a local family law attorney in Fayetteville ASAP. If you can not afford an attorney, then while likely not legally correct, she is likely at least functionally correct when she says 'you have no say' as there is likely nothing you can do yourself to stop her - you will need an attorney. Of course, since you are already 500 miles away in KY, her moving 1003 miles away would likely just put her 500 miles away in a different location which should not matter to you (unless she plans to move virtually straight north or south) and even then - what's another 500 miles considering the limited visitation to likely are have.

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