separation and the children

[mime1lead]

I have been separated since June 2005. I have our 14 year old and ny husband has our 16 year. I have an opportunity to move to another state for a good job. What are the legal implications? CanI legally move out of state with my younger child? My older child doesn't want to go he wants to stay with his father, please advise. I want to have my other son visit me and I visit him and keep in touch by mail and phone. thanks

 

[mime1lead]

I have been separated since June 2005. I have our 14 year old and ny husband has our 16 year. I have an opportunity to move to another state for a good job. What are the legal implications? CanI legally move out of state with my younger child? My older child doesn't want to go he wants to stay with his father, please advise. I want to have my other son visit me and I visit him and keep in touch by mail and phone. thanks

I live in North Carolina.

 

[Duranie]

This can cause massive problems. If the child does not want to go and you still want to move, you might want to give up temp. custody.

It would be best to get your husbands written permission to move with the child, otherwise he can file a motion in court for the child's return.

This new state that you move to, will not have jurisdiction until you are there for at least 6 months, so you would not be able to file anything in that state until the 6 months is up.

This gives your husband the upper hand to file on his end.

The courts do not like children split up, out of state. I would not do it.

 

[mime1lead]

the oldest is staying here b/c he doesnt want to go but the youngest one wants to be with me and his daddy doesn't get him and spend time with him. I am supporting one child and he is supporting the other.
i just needed to know what the options were. Thanks for your response.

 

[Duranie]

The only options you really have is, to get your husbands written permission to move out of state

Or go ahead and move, your husband can file a motion in court disputing the move and you could be ordered back. He generally has 60 days to file in court.

You legally do not have the right to seperate siblings or you move the child out of state.

Expect this will cause some problems with custody or the pending divorce.

Have you filed for divorce yet? If not, if he files in the state you currently live then you will have to go back to that state for all hearings.