Able to leave state with child?

You should consult an attorney prior to either of you leaving the marital home. If possible, drawing up a separation agreement that details custody issues such as this would be in your best interest.

Without an agreement about custody, if you decide to move but your spouse does not want the child to leave the state, they can file a motion so that you would not be able to leave.

You are hearing conflicting information because there is no clear cut answer, it is examined on a case by case basis. You are not legally prevented from moving out of the state unless there is a court order that prevents you from doing so. However, if you move out of state against your spouses wishes and keep your child away from him, it could have negative consequences at any hearing addressing your custodial issues.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
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Chapel Hill, NC 27514
(919) 321.0780


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 posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are 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.

At this time I have not seperated from my spouse. He is aware that our marriage in on the brink of divorce, but no steps have been made on either party to legally seperate. My questions involoves children though.
If we do seperate, during the year waiting period or anytime before the divorce is final, am I able to move out of state with our child? I have heard conflicting information regarding this situation. I have done multiple online searches and research, but have been unable to find an answer. Any information will be great appreciated.