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.
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.
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.
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