Legal Question in Family Law in North Carolina

I currently have physical custody (not court appointed) of my son (8 y/o) and live in NC. I have a job opportunity in FL that will require me move there in about 6 months or so. My x husband hasn't seen, visited, or contacted my son since December and is behind on child support. I am wondering what do I need to do to be able to move to FL for this job with my son and be sure that I am within my legal rights.


Asked on 6/21/10, 11:09 am

1 Answer from Attorneys
Rachel Hunter

Check your custody agreement, if any. If there is none, then you can go and take the child as nothing stops you. Understand that the father can bring a custody action at any time within 6 months after you leave the state. If he doesn't, then Florida will then have jurisdiction and the father will have to go to Florida to seek custody if he wants to see the child. Given that the father has shown minimal involvement, I would not worry. However, in case the father does suddenly object to your move, start planning as to how you will establish that the move will be in the best interests of the child because you have a job in Florida, not because you are trying to keep the child from his father.

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Answered on 6/22/10, 8:02 pm


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