Mom leaving

[CurlyJoe]

What is the name of your state (only U.S. law)? NC
My Ex informed me this week she leaving the state with our two children. I told her no way, I never miss visitation, actually have them more, always pay CS and love my kids to death.
I didn't contest the divorce, child support nothing. She always has a pretty good lawyer and I never did.
She'll be moving about 600 to Montana or a thousand to Texas. She says she's going to take care of her sick dad and grandma, she says her lawyer told her that was a legitimate reason in the courts eyes.
Will they take my kids??????

 

[justalayman]

what does your child custody order say to moving?

 

[Proserpina]

What is the name of your state (only U.S. law)? NC
My Ex informed me this week she leaving the state with our two children. I told her no way, I never miss visitation, actually have them more, always pay CS and love my kids to death.
I didn't contest the divorce, child support nothing. She always has a pretty good lawyer and I never did.
She'll be moving about 600 to Montana or a thousand to Texas. She says she's going to take care of her sick dad and grandma, she says her lawyer told her that was a legitimate reason in the courts eyes.
Will they take my kids??????

Did the custody/visitation order say anything about relocating?

 

[CurlyJoe]

It says nothing about moving at all. Just a visitation order and CS. We have shared parenting but because I pay her CS it had to say she is Primary.

 

[justalayman]

then I suggest you file for a modification of the order. Since mom is the one causing the distance, it would not be improper for you to ask mom to pay for the added expenses of transporting the children for your visitation.

 

[CurlyJoe]

then I suggest you file for a modification of the order. Since mom is the one causing the distance, it would not be improper for you to ask mom to pay for the added expenses of transporting the children for your visitation.

So I should make the first move. OK .
I don't want the kids to go at all they both would love to live with me anyway we have a wonderful relationship.
I know this is hard but she then will ask to move at the hearing, I know it's just a guess but would they grant her the right to leave. I don't care about transpertation I don't want them to leave, period.

 

[TheGeekess]

It says nothing about moving at all. Just a visitation order and CS. We have shared parenting but because I pay her CS it had to say she is Primary.

More than likely, since your order is silent on relocation, it will default to state guidelines.

 

[CurlyJoe]

Ok I see what you talking about but this has me upset as Heck.
I know I'm asking for guesses but some of you have been doing this a long time. Will the courts even consider letting her move???????

 

[TheGeekess]

Ok I see what you talking about but this has me upset as Heck.
I know I'm asking for guesses but some of you have been doing this a long time. Will the courts even consider letting her move???????

They'll let her move. The question is if they'll let the children move.

 

[proud_parent]

North Carolina is one of a few states in which the burden of proof in move-away case rests with the non-relocating parent to show why the move is not in the child(ren)'s best interests.

Also, NC courts have held that "a change in the custodial parent's residence is not itself a substantial change in circumstances affecting the welfare of the child which justifies a modification of a custody decree". See Evans v. Evans, 138 N.C. App. 135, 142, 530 S.E.2d 576, 580 (2000).

In evaluating the best interests of a child in a proposed relocation, the trial court may appropriately consider several factors including:
[T]he advantages of the relocation in terms of its capacity to improve the life of the child;
the motives of the custodial parent in seeking the move;
the likelihood that the custodial parent will comply with visitation orders when he or she is no longer subject to the jurisdiction of the courts of North Carolina;
the integrity of the noncustodial parent in resisting the relocation;
and the likelihood that a realistic visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent.

Evans v. Evans, 138 NC App 135 (99-355) 05/16/2000

 

[CurlyJoe]

Well went to an attorney today and it seems that I should be OK.
He said I have a good relationship, she has no reason as per the courts or bettering their life's with the move. He said the reason she gives me may even work against her because she would have to work take care of two sick elderly people and three kids.