Legal Question in Family Law in North Carolina

You say there is no custody arrangement. By this I assume you mean that there are no custody orders at all. If that is the case, your ex-husband has the same rights to custody as you do. If there are no orders, then you can leave the state without telling him. The problem is that if he learns that you are gone, nothing stops him from bringing a custody action in court. He can do any time within 6 months after you leave the state. Once those 6 months have expired, he would have to bring the action in the new state where you and the children live.

My advice would be that if you have amicable relations with your ex-husband, to sit down and tell him about the move. Tell him what you have proposed and find a lawyer to draft a custody agreement for you. The lawyer is not likely to represent you and your ex-husband and your ex-husband may take the position that since you are the one leaving, you should hire the attorney. Don't fight about it in that case and just do it.

Whether an custody action is brought here or in another state, the issue generally is what will be in the childrens' best interests? I don't know how old they are, but the court is going to look at their school and home environments, what arrangements the father would make for them if he had custody while he is at work, your reasons for the relocation (better job for your new husband is good), the childrens' relationships with relatives here in NC and anything else that may affect the determination.