Relocating from NC to NJ

[At a loss]

I have sole custody of my 3 year old son. I am moving from NC to NJ and need his father's permission which he's already aware of. He visits with him every other weekend if convenient. Can I not go through a lawyer to get his permission? He doesn't adhere to his visitation schedule now and we'll be leaving it as an "open agreement".

Thanks!

[shawneetears]

This is a good one to put to Socrateaser to be sure but if I understand you correctly you can't move the child out of state without the father's permission.  Well, send him or his attorney a letter, tell him your intentions and reasons and that if he objects to this he needs to send you a reply within thirty days or you will consider this his consent and will be willing to work with him to arrange for suitable visitation.   He can answer it or take you to court to stop you.  If he does take you to court, you can then bring up how long he has known about the proposed move  and that you have offered to work out visitation time with no response from him.
What you dont' want to do is make the move, have him miss a visit then charge you with contempt or worse kidnapping your own son.  Just protect yourself...but as always...check with an attorney....it's worth the 75 for the half hour to get your questions answered.

wish you all the best life has to offer.

[flewwellin]

Because yes you can move your son out of state without Bio father's permission.  My husband had a battle with his ex wife about her moving to PA from NC with his 2 kids and they have JOINT custody.  The judge said he wasn't going to stop her from moving because it wasn't "convenient" for my husband.  However he gave him a decent visitation with the kids.  We unfortunately can't and couldn't at the time afford to move any closer to where the kids were going.  My husband is a wonderful father and kept the kids 3 days out of every week, when his ex wife was too sick to have them (with a cold) and we cooperated with her at every possible level.  This one wasn't one we could cooperate with. However she has been up there for a year now.  Go talk to a lawyer and file the papers make it a court order that it's okay for you to move out of state nothing verbal.  He's already proved he isn't trust worthy.

We live in Wilmington if it works here it should work wherever you are are in NC.  Just remember that NC will hold jurisdiction to the cases for and about your son.  Good luck.