The answer to your question depends on many factors; however, one of the most important factors hinges on the type of child custody you were granted by the court at the time of your divorce. Divorce and child custody decisions in the state of North Carolina are determined using the best interest of the child standard.
Please bear in mind that even as a noncustodial parent, your husband can appeal to the court to stall your move. He would need to prove to the court how such a move would negatively affect his relationship with the child. Depending on your circumstances, if you are considering moving out of the state Charlotte, you will most likely have to obtain permission from your ex-spouse in writing or go to court to prove how
Joint physical custody means that both parents spend significant time with the children, but the time split doesn’t have to be equal. The parents can define what joint custody means to them. Sole physical custody means that the child lives with one parent for significantly more time than the other but the other parent may have visitation rights.
Joint legal custody means the parents make decisions together about the child’s welfare, including things like medical care and education and where the child will live. Sole physical custody means that only one parent has the authority to make those decisions, and isn’t required to consult with the other parent before taking actions that affect the child. Parents in North Carolina can petition the court for sole, or exclusive, custody. Under this arrangement, the custodial parent makes all the major decisions involving the child. The custodial parent has complete legal and physical custody of the child at all times. However, the court can order that the non-custodial parent have continued contact with the child through visitation.
The Law Office of Stephen M. Corby in Charlotte, NC today. Our divorce and child custody attorneys are experienced at representing clients in custodial relocation cases and can assist you through this trying and difficult process. Child custody disputes are often highly emotional and stressful events, and you need expert North Carolina family law attorneys working for you!