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.”
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.