Charlotte, NC asked in Child Custody, Divorce and Family Law for North Carolina

Q: We live in NC. I got a job in FL. Husband wants divorce and is saying he will not move. We have a child, is this legal?

Is it legal to force a parent to stay in current state even though they got a job in another state. I got a good paying job with benefits in another state but now my husband wont leave our current state so we can live close to each other to share custody over your son. We are still married and have not started the divorce process.

2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Of course it is legal - you don't get to dictate to or force someone to move just because you got a job out of state or are married and have a child together. If you can't come to a fair agreement together essentially you will have to decide to stay or go and involve the court to decide whether your child stays or goes.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
Answered
  • Divorce Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

A: I'm not sure how he is "forcing" you to stay in North Carolina. You can come and go as you please, and you are free to move to Florida to take advantage of this job opportunity. He can't force you to stay, and you can't force him to go.

If you can't agree on what is going to happen with your child, you are going to have to file for custody and seek the court's decision about what is going to happen with your son. Perhaps he should stay here, or perhaps he should come with you, but one parent is going to end up getting primary custody and one parent is going to get the scraps (holidays, summers, etc.). You are going to have to weigh whether the possibility of losing significant time with your son is worth the advantages that the move presents. Also, you wouldn't be able to file for custody in Florida because the child hasn't lived there for the required six months.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.