My husband and I have decided to separate. I’d like to move out of state to a place where I will have support with the kids, family that will help with babysitting and other needs a single parent may have. My children have an established relationship with this family. If I stay in NC, I have no support, just my husbands side of the family and they’ve only helped occasionally while we’ve been married. My children don’t have a strong bond with them since my husband is former military and we lived in California and Japan. We have no separation agreement, have not been to court and just decided to part ways. Am I able to move out of state with our children? If I stay in NC I have no place to go, and no help. If I leave the children and I will have a place to stay while we get settled and an abundance of support. So my concern. am I able to leave with the children? Will it be abandonment or kidnapping? I have no intentions of getting in the way of the children’s relationship with their dad, he’s a relatively good dad, just a terrible husband. Thank you for any insight.
You can leave the state with the children because there is no court order or separation agreement regarding custody, however, this could open yourself up to an emergency custody action by your husband. Emergency ex parte custody can be granted if there is a substantial risk that minor children will be removed from the State of NC for the purpose of evading NC jurisdiction.
You leaving the state will not be considered abandonment since you and your husband have mutually agreed to separate. It could be considered parental kidnapping if you violate your husband’s visitation rights by keeping the children away from your husband.
The better course of action is to negotiate a custody schedule or file a custody action before moving out of state. That way, when custody is fully resolved either in a separation agreement or a court order, your ability to move out of state will be clear and there will be no issues of emergency custody or parental kidnapping.
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.