want to move within state - 3 hours

[raiye]

i live in north carolina. when my ex and i divorced, there was nothing in the papers about custody or support in the divorce agreement. while he is difficult to get along with, i have pretty much agreed to anytime, anywhere, anyhow that he wants to see our daughter. sometimes he will go months without seeing or calling her. support is sparse (school clothes, pictures, after-school activities, etc...). question is... i want to move approx. 3 hours away for better employment opportunities. i know beyond a doubt he will disagree and threaten to take her. what are my rights? if it matters, he is remarried, has a nice home and another daughter with his wife. i live with my fiance and don't own a home.

 

[Kelly143]

If there really isn't anything in the divorce papers about custody or support, you need to file for both immediately. If nothing is mentioned, that means neither of you have actual custody, and he can come and get her and keep her. Once you get custody, you can move with her. You can move first, but you might run into residency problems and it would just be better to have the custody worked out first. I know he can file to keep you from moving her from the state, but I THINK that as long as you don't try to take her from the state, he can't fight you. The fact that he is married and has another child doesn't really matter. She has been living with you for a long time (or so it appears from what you said), and the courts are very reluctant to upset the status quo. If you file for custody, you will most likely be awarded it, and he will have to pay child support, regardless of where you live. Once you get custody, he will have to prove you unfit to take her from you. Good Luck!