How does NC view relocation and how does that work with a 60/40 custody schedule?

[InfantCustody]

Change in parenting plan? Updated w/ different question

What is the name of your state (only U.S. law)? NC

I can find all the "best interest of the child statute" on the books, but I don't know how to find if NC is for or against relocation, and if the burden is on the relocating parent or on the "left behind" parent.

I am staying put. Ex wants to move about 800 miles away to NY and would like Little IC to go with him. I love Little IC spending time with his Dad, but am not prepared to send him away since his dad is choosing to move. He's 17 1/2 mos old.

I have 60% custody, he has 40%. Also, since he does not have comeplete 50/50, and I have more time than him, wouldn't he need a change in the child's situation to ask for a modification of custody? Or is his relocation a change enough?

I don't mind a long distance visitation schedule, but I would like him to remain here with me primarily as this is where his stability and all his family (both sides, except his dad if he moves) are here.

 

[CJane]

What is the name of your state (only U.S. law)? NC

I can find all the "best interest of the child statute" on the books, but I don't know how to find if NC is for or against relocation, and if the burden is on the relocating parent or on the "left behind" parent.

I am staying put. Ex wants to move about 800 miles away to NY and would like Little IC to go with him. I love Little IC spending time with his Dad, but am not prepared to send him away since his dad is choosing to move. He's 17 1/2 mos old.

I have 60% custody, he has 40%. Also, since he does not have comeplete 50/50, and I have more time than him, wouldn't he need a change in the child's situation to ask for a modification of custody? Or is his relocation a change enough?

I don't mind a long distance visitation schedule, but I would like him to remain here with me primarily as this is where his stability and all his family (both sides, except his dad if he moves) are here.

This is for the Canadian GF he posted about, huh?

As the NCP, his chances of modifying custody in his favor (so he becomes primary) AND relocating so far away are virtually nil. They would BE virtually nil even if he didn't have a history of founded CPS case(s).

Yes, you have a nearly 50/50 schedule, but it's NOT 50/50, you still have the child significantly more -- and the child has 'ties to the community'.

This isn't a winner for Dad.

 

[LdiJ]

What is the name of your state (only U.S. law)? NC

I can find all the "best interest of the child statute" on the books, but I don't know how to find if NC is for or against relocation, and if the burden is on the relocating parent or on the "left behind" parent.

I am staying put. Ex wants to move about 800 miles away to NY and would like Little IC to go with him. I love Little IC spending time with his Dad, but am not prepared to send him away since his dad is choosing to move. He's 17 1/2 mos old.

I have 60% custody, he has 40%. Also, since he does not have comeplete 50/50, and I have more time than him, wouldn't he need a change in the child's situation to ask for a modification of custody? Or is his relocation a change enough?

I don't mind a long distance visitation schedule, but I would like him to remain here with me primarily as this is where his stability and all his family (both sides, except his dad if he moves) are here.

You are correct. Dad would need a change in circumstances in the child's life, not dad's life in order to change custody at all, and then he would have to convince a judge to allow him to relocate with the child.

Bottom line...its not gonna happen.

 

[InfantCustody]

Switching to a stable schedule?

My ex told me today he broke up with his girl friend and will not be moving. She was not willing to put up with his crud...she made it a long run...it's a miracle. No, I don't say anything remotely negative in front of my son.

He also told me he has another job and will be working when he has our son. The current set up is he has our son the 3 days he is off work from his job as a police officer, and we all have to accommodate the rotating days, which change every 4 weeks.

Since he is going to be working on the days he has him now, would it be reasonable to ask that we go to a set schedule that does not revolve around his days off? I don't want to reduce his time, and I don't care that he will be working when he has him, I would just LOVE a set schedule that is consistent and not changing every 4 weeks. It is hard to never have stability in the days and it just gets harder as Little IC gets older.

Thoughts?

What are your thoughts?

 

[TinkerBelleLuvr]

Is he going to working M-F and off weekends?

 

[InfantCustody]

He will still be working as a police officer, and will still have a rotational schedule, but he is working a second job so will be working on the days he has little IC with him.

He said he will be working 6 full days a week.

 

[TinkerBelleLuvr]

Who will be watching IC? Do you have an ROFR in your court order?

 

[CJane]

He will still be working as a police officer, and will still have a rotational schedule, but he is working a second job so will be working on the days he has little IC with him.

He said he will be working 6 full days a week.

So, what will his actual available hours with kiddo be? The rotating around his days off was HIS idea, yes?

 

[InfantCustody]

Yes, we do. It is set for 5 hours. He CONSISTENTLY violates the ROFR. He said he will come home from work for 5 minutes every 4 hours, 55 minutes, before he will allow me any extra time. His mother will be watching little IC.

I have a big issue with the ROFR thing, but I've read conflicting things as to whether or not a judge will make a big deal of contempt for ROFR. Or if she would even find him in contempt. He admits it all, he just says he will make it so it doesn't apply to him.

 

[InfantCustody]

His actual available, waking hours will be 2 hours each evening when he gets home and, assuming he doesn't work, one full day each week. He is picking up OT with the County some as well. On those days he is gone from his house 5a-5p so little IC rarely sees him.