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

Q: My ex is talking of moving away with our daughter. How far away can she move without getting my consent?

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

A: Depends. Assuming there are currently no Court Orders or enforceable agreements to the contrary, the ex can pretty much move anywhere in state without your consent but doing so over your express objection would likely make her look bad if you took her to Court over it unless she has a very compelling reason such as a new job, school, etc. However, moving out of state without your consent would likely be a problem for your ex. It is likely that the best way to handle things affordably, fairly and quickly is with a formal written parenting agreement. This can be used to resolve all child related issues including, custody, visitation and support without the expense and delay of going to Court. If you and the other parent can be fair and reasonable with each other, typically this can be done for a flat rate fee of around $250 for an average situation so it pays to shop around for an attorney. Best of luck.

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

A: I'm not disagreeing with anything that attorney Houser said below (as she is right), but would caution you that there is little stopping her (or you) from taking this child and moving to Alaska/California/etc. If you don't give your consent to a proposed move, then she shouldn't take the child with her, but as attorneys we spend our careers trying to fix situations where someone does something they shouldn't do. It happens all the time.

If you have reason to believe that she is about to permanently leave the state, you likely have grounds to file for emergency custody and I would encourage you to consider that option. If you believe she is about to move somewhere else within the state (unless it is only one county over), you may want to file your own regular non-emergency custody action where you live.

David Allan King agrees with this answer

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