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!
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