How do I move from NC to FL with only physical custody?

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EnigmaticRaevyn

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I currently live in NC with my 8 y/o son and do not have court appointed custody. My Xhusband has not made an effort to see or contact my son since December 09. I have a job opportunity coming up in FL in 6 months and want to know what I need to do to move to FL with my son and still be within my legal rights.
 
EnigmaticRaevyn said:
I currently live in NC with my 8 y/o son and do not have court appointed custody. My Xhusband has not made an effort to see or contact my son since December 09. I have a job opportunity coming up in FL in 6 months and want to know what I need to do to move to FL with my son and still be within my legal rights.
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Well, who does have court-appointed custody?
 
There is no court appointed custody. Since my x husband left us in 2004 my son has lived with me. Custody was not mentioned in the divorce and at the time I was too naive to request it to be.
 
EnigmaticRaevyn said:
There is no court appointed custody. Since my x husband left us in 2004 my son has lived with me. Custody was not mentioned in the divorce and at the time I was too naive to request it to be.
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Well, you stumped me! I don't think I've ever heard of a divorce that didn't include a child custody determination (when minor children are involved, of course.)

So I did some research. I found that without a custody agreement of any sort, you are free to move. No notification to the court or to the father is required.

However, be aware that if you do move, the father may file for custody/visitation. Even if you retain custody, which I think you would, you may be required to provide transportation for the father's visits. If you're sure he won't bother, then I wouldn't worry about it. :)
 
To clarify something....

Though there isn't a specific statute NOT allowing you to move, if Dad does chose to object afterwards, it would seem that per NC statute the burden of proof would then be on you to show that the move is in the child's best interests.

N.C. GEN. STAT. ANN.
§ 50-13.2


Quite honestly, getting permission from the court now may save you an awful lot of trouble in the future.
 
EnigmaticRaevyn said:
Thank you for the information. Can you provide me some references so I can print that out for my records please?
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Sure, here's a link:

http://www.rosen.com/childcustody/cfaqs/why-should-i-have-a-written-agreement-about-custody/

I've found this site to be accurate and reliable. I also checked the NC statutes, and could find nothing that addressed relocation in the absence of a child custody order. So, I feel confident saying that you can move to Florida without notifying the court.

To be sure, why not consult an attorney in your area? You can probably get an initial consultation for free.

I do believe, and this is only my opinion, that you should notify the father. I don't know why he hasn't seen your child in six months, but I think he's entitled to know.

Good luck!
 
Proserpina said:
To clarify something....

Though there isn't a specific statute NOT allowing you to move, if Dad does chose to object afterwards, it would seem that per NC statute the burden of proof would then be on you to show that the move is in the child's best interests.

N.C. GEN. STAT. ANN.
§ 50-13.2


Quite honestly, getting permission from the court now may save you an awful lot of trouble in the future.
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I agree, but I couldn't find any forms for that. I think she would have to file for custody first, no?
 
Proserpina: What steps do I have to go through to request permission from the courts?

irish223: I was under the impression I was required to notify my x about the move so I was intending on attempt to notifying him (not really sure where he is), plus as I do want to give him the opportunity to be involved in my son's life. As to why the lack of contact...when he left us for his current wife slowly but surely his contacts to our son became fewer and fewer. And when he moved recently he neither told me where he moved or the courts for the court ordered child support, so your best guess is as good as mine.
 
Proserpina said:
To clarify something....

Though there isn't a specific statute NOT allowing you to move, if Dad does chose to object afterwards, it would seem that per NC statute the burden of proof would then be on you to show that the move is in the child's best interests.

N.C. GEN. STAT. ANN.
§ 50-13.2


Quite honestly, getting permission from the court now may save you an awful lot of trouble in the future.
Click to expand...


I would take this advice to not only get permission but to also to finally have a court ordered custody agreement with visitation set up. Otherwise dad could one day decide he wants to be dad and take the child, and with no court order, there wouldn't be much you could do.
 
And that's what I am trying to find out. What do I do to ask the courts for permission. As for filling for custody that is part of the reason I am trying to go to FL for a better job so that I will be financially able to do something like that. The last I spoke to a lawyer they asked for a $1200 retainer fee and well I just don't have that kind of money on the spot.
 
Just call the clerk of the court where your live and the will tell you the proper paper work to file. Don't really need a lawyer, doesn't hurt but also isn't needed for such cases.
 
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