Dear Cape Fear Family Law:

For the last four (4) months, my husband and I lived in two separate apartments and we share our children as it fits within our work schedule.  We do not have an agreement or an order on child custody. I want to move to Ohio with my new boyfriend when he gets out of the Marines.  Can I go with the children?

-Mom, Ready for a New Relationship and Move!



Dear Mom, Ready for a New Relationship and Move!:

Although you may be legally separated, that does not necessarily mean that you can live with someone of the opposite sex, or even legally engage in a relationship at this time.  Alienation of affection and criminal conversation claims are viable in North Carolina. So, consult an attorney right away.

Once you commence a custody schedule generally a pattern of consistency is created for the children.  The pattern is one that both parents agree is in the best interests of the children, which is why they are “performing” that schedule.  If you don’t agree, it is imperative that you negotiate or file a custody action right away to try to establish a different schedule of custody and visitation.  Changing the schedule of the children for your own life choices may (or may not) be in the best interests of the minor children. So, short answer is “Maybe.”



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