As Custodial Parent, Can I move out of NC?

North Carolina Divorce Law Divorce and Separation Answers
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Dear Newtonc:

Greetings. Please note that I suggest you immediately contact Interact and seek to leave the marital residence. You may also want to file a Domestic Violence Restraining Order.

Once you have lived in North Carolina for six (6) months, you are considered a resident here. If you try to move from the state with the children, the judge may not allow the children to leave … although you can move anywhere you want to. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

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I’m currently a married stay-at-home mother of three. We have just relocated to NC (5 months ago) from Atlanta because my husband took a new job. The marriage has been pretty rotten for the last 5 years but I’ve tried to stay with him for the children’s sake. He is verbally abusive to me (in front of the children many times). He shows no remorse for his actions. One month ago he invited his elderly mother to live with us. She now resides in the master bedroom. It goes without saying that this has made a bad situation even worse. I’ve tried about everything to stay out of he and his mother’s way and just maintain a “normal, peaceful” household. However, last night when my husband didn’t like a question I asked him he proceeded to push me to the ground in front of my son. It was very violent and luckily I wasn’t injured. This came out of nowhere. I’m afraid the situation here is out of my control. What can I do? NC isn’t really my home. If I file for a divorce, will I be forced to stay in a state that I’ve only resided in several months?