Legal Question in Family Law in North Carolina

my wife and i are divorcing. we have 2 children.i have recently accepted employment but my wife is not working yet. she is entertaining the idea of moving to TN with ny chilldren if she can find employment there. i do not want my children that far away. what are my options?


Asked on 6/09/10, 8:59 pm

1 Answer from Attorneys

Get to a family law attorney NOW if you do not have one already. If you have one, direct your questions to him or her. It is not ethical for me to interfere. If you do not have an attorney, get one. You will need to have a marital agreement dividing your marital assets and debts and providing for custody of your children. If you cannot agree, bring an action to have those things decided by the courts. If you do nothing and your wife takes the children out of state, NC loses jurisdiction after 6 months. You can file an emergency petition if the move is imminent to stop her. It is easier to stop her from taking the children than it will be to gete them back once they are gone. Act now.

The issues to be decided in any custdoy matter are "the best interest of the children." You will have to be prepared to show to the court why it will be better for the children to be with you (assuming that both parents are equally fit parents). If the mother wants to relocate, she will have to explain why. Does she have family in Tennessee? A job offer? Just because? The answer will decide if the mother should have custody and if she will be allowed to move out of statee.

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Answered on 6/10/10, 10:38 am


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