Am I Allowed To Leave?


#1

If my soon-to-be-ex had a long term marital affair (there’s proof), is currently in another affair with a different person, disappears for destinations unknown constantly, exhibits erradic behavior (even with the help of a shrink) and is a negative factor in my children’s environment, am I allowed to leave?

I keep reading that the person at fault has to leave the home first. I can’t take living under these circumstances and it’s affecting my children behaviorally. I want to move closer to a support system that will provide a loving environment and allow me to return to the workforce. I don’t want my leaving, however, to affect my case.

What are my rights?

Thank you kindly.
IOI


#2

You may leave, and may take your children with you so long as you are not intending to flee the state, or keep them away from your spouse.
Your other option is to file for what is called a divorce from bed and board, based on your spouse’s adultery, and ask that you be awarded possession of the home and that your spouse be ordered to leave.


#3

I have a quick question about this part…I thought that the caveat to leaving the state was so long as you were not fleeing the state in an effort to avoid jurisdiction of the state…if she were to leave the state, but file for the custody in NC, as would be proper, would that still be wrong to do?


#4

It is not illegal, however it may cause you headaches down the road if a court determines that it is not in the children’s best interest to remain out of state with you.


#5

Prior to any custody agreement or custody order, parents have equal rights to their children. The other parent could file an emergency order to have the children returned to the state. Additionally, from what I’ve heard, judges frown upon one parent denying or refusing visitation with the other parent. Moving the kids ridiculously far away is pretty much obstructing another parents visitation.