Q: I have custody in NC and my ex gets visitation every other weekend. Can I move to a new location in NC for work?
Their mother lives 2.5 hrs away. I know getting my ex to agree to allowing the move would be easier but can she stop me from moving??? I'm not going to deny her from the set visitation schedule, will just be in a different part of the state, same distance.
A: If an existing custody order is in place, it is imperative that you continue to comply with that order. If the mother of the child opposes the move, then she could petition the court for a modification of the existing order. The mother would then have to prove that (1) there has been a substantial change in circumstances impacting the child's well-being and (2) a change in the custody arrangement would be in the child's best interest. If you believe that this move constitutes a substantial change in circumstances and is in the best interest of the child, you could petition for the Court to modify the existing custody agreement as well.
I recommend that you consult with an attorney regarding the different factors the Court weighs when determining whether a substantial change in circumstances exists and if so, the considerations the Court employs when making a best interest determination.
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