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  1. #1
    Join Date
    Apr 2011
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    1

    Default Can a Parent With Primary Custody Move Out of State

    My question involves a child custody case from the State of North Carolina.

    I am currently seperated from my husband, but we already finalized a custody order for our minor child. I have primary custody of our child and he has visitation every other weekend. When he first walked out on us I asked him about us relocating to be near my family and he laughed and said No. Since that time I have tried to resolve the topic with him, but he always says no he does not want to be away from our child. I completely understand, agree and respect that; however, he is not consistent on picking our child up, he is late often because he has errands to run and whenever I have offered him extra time with our child he has ALWAYS declined. I am currently working, but about to be drastically cut in pay for the summer and then not sure about a job for the fall. I am actively seeking work but with the economy they are cutting jobs especially in this field. I am already struggling financially to support us and I would like the opportunity to move out of state to be with family. I have NO family here except for my child. I want to know what advice anyone has about this option actually being possible.

    **For those that state the move would need to be in the best interest of the child:
    1) The child is currently in childcare while i am at work, if we move the child would be with a family member whenever I was working.
    2) When the move happens we would be relocating to live with an elderly relative to not only help me out financially but also so we could help take care of that relative.
    3) Once we relocated to this house we would then have other immedite family within a 5 minute walking distance and several immediate houses of immediate family within a 5 minute driving distance.
    4) The school districts are good in the neighborhood we would be moving.
    5) I would be very willing to drive and meet our child father 1/2 to help get our child from point a to point b.
    6) I would always allow the father a FREE place to stay if he choose to come to our new state to visit.
    7) I would be willing to give the father all 3 day weekend breaks, rotate major holidays, but he could have spring and xmas breaks each year. I would be willing to give him ample summer visitation.

    Does anyone think I have a good case?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Have Primary Custody, Can I Move Out of State

    Quote Quoting NCmom105
    View Post
    My question involves a child custody case from the State of North Carolina.

    I am currently seperated from my husband, but we already finalized a custody order for our minor child. I have primary custody of our child and he has visitation every other weekend. When he first walked out on us I asked him about us relocating to be near my family and he laughed and said No. Since that time I have tried to resolve the topic with him, but he always says no he does not want to be away from our child. I completely understand, agree and respect that; however, he is not consistent on picking our child up, he is late often because he has errands to run and whenever I have offered him extra time with our child he has ALWAYS declined. I am currently working, but about to be drastically cut in pay for the summer and then not sure about a job for the fall. I am actively seeking work but with the economy they are cutting jobs especially in this field. I am already struggling financially to support us and I would like the opportunity to move out of state to be with family. I have NO family here except for my child. I want to know what advice anyone has about this option actually being possible.

    **For those that state the move would need to be in the best interest of the child:
    1) The child is currently in childcare while i am at work, if we move the child would be with a family member whenever I was working.
    2) When the move happens we would be relocating to live with an elderly relative to not only help me out financially but also so we could help take care of that relative.
    3) Once we relocated to this house we would then have other immedite family within a 5 minute walking distance and several immediate houses of immediate family within a 5 minute driving distance.
    4) The school districts are good in the neighborhood we would be moving.
    5) I would be very willing to drive and meet our child father 1/2 to help get our child from point a to point b.
    6) I would always allow the father a FREE place to stay if he choose to come to our new state to visit.
    7) I would be willing to give the father all 3 day weekend breaks, rotate major holidays, but he could have spring and xmas breaks each year. I would be willing to give him ample summer visitation.

    Does anyone think I have a good case?


    Are you willing and able to pay for ALL transportation to and from Dad's?

    Do you have a job offer in your hand?

    Because in all honesty, you don't have a compelling case at this point. Where are you wanting to relocate to? That can also weigh in.

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