My (39M) Wife (36F) and I are considering moving from California to North Carolina to be in better proximity to her Mom, Dad, and Brother. We have been married for 10 years (dated for 6 before that) and we have 2 children, 5F and 3F. I am in favor of this move although all of my family members currently live within a 3 hour drive of me and my brother and his wife live within 5 minutes. She grew up in the proximity of where we live but her parents chose to move out of state with her brothers, who were then minors, when we were still engaged. Here lies the problem. We recently hit a little rough patch in our relationship which we have recently resolved. My entire family and support system lives in California or Nevada and I would not want to be stuck in a state so far away from me if the marriage suddenly went south. Is there a way I could create a contract for her to sign stating that if there was possibly a custody battle, I would be able to take my daughters back to California? Obviously, I have nothing holding me in North Carolina if anything were to happen to my marriage. This move would solely be for her to be happier, but if it was to take a turn for the worse, I would be stuck in a place I wouldn’t want to be on my own.
You can state in the cohabitant agreement the section that covers whatever concern of separation for children’s security: the children will reside in your care till divorce begins and a custody agreement is in place. This would fall under the category of children’s primary caregiver responsibilities. If you say for their safety, you are basically making a prejudgment that she is already unstable and reckless. The cohabitant agreement will cover both your expectations for providing for the household and what will happen if you both go your separate ways without conflict because it will all be clear and concise on paper.
No, because at the end of the day that kind of decision is going to be based on what’s in the best interests of the children. If you stay in the new state for 5 years then divorce, no judge is going to enforce an agreement you made to move the kids away from their friends, family, routine, school, etc.
@Isle
Even if it’s legally binding?
Cohabitant agreement
Kai said:
Cohabitant agreement
Please explain