Can I leave the state with my children?


#1

I’veb een a stay at home mom for 8 yrs now. Last May I told my husband I wanted a divorce. I have family who is willing to help me in TN, 2 of 3 of my children are my husbands. Honestly there is emotional and have been some physical abuse in the past from him. I was told if I keep the courts out of it, I can separate and move to TN with no problem. I am fearful of what he will do when I do leave, but because he holds all the money I can’t afford an attorney. I need someone’s help, please. Can I legally move to TN with my children?


#2

If you move without your husbands consent, he can file for emergency custody and a judge will force the return of the children. Until outlined otherwise your husband has equal rights to the children.


#3

As long as I still reside in NC then, I can separate from him and legally take my children?


#4

It really depends on how far you move.

Your spouse has equal rights to the children. He/she has just as much right to keep them as you do. I would highly recommend you file for custody so you can get that addressed first. If you move and make visitation difficult or improbable it can look really bad for you.


#5

Pack your bags and don’t look back.


#6

You should discuss entering into an agreement prior to leaving if possible so that he doesn’t file an emergency custody action. If you are not able to come to an agreement, you should consider filing for custody before leaving to avoid the possibilty that he could file for emergency custody. If at all possible, you should avoid leaving the immediate area before reaching an agreement or having a court order.