Can I move out of state?


Dear frostedmadness:

Greetings. If your spouse agrees that you can move, then you may be able to. It is unlikely that you will be able to move to California though simply because you are separating. You can find employment, housing, etc. here in North Carolina and your spouse can still see your child.

Yes, your spouse may be able to make you bring the child back, although he cannot make you live here, only the child.

Yes, acts of domestic violence against you may assist the court in allowing you to move, but even that may not be enough. You are talking about moving to CA, not SC or VA. The distance is huge. Sorry that I am not telling you wat you want to hear, but when your child is very young, all studies show that the child needs both parents. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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.


My husband and I have agreed to seperate and I would like to know if I can take my 14 month old child with me and move back to my home state of California with the child. My husband has agreed that I would be the primary caretaker of our child with him getting every other weekends and MAYBE one to nights here and there during the week for an hour or two(this is all the time he wants). However I would really like to move back to California with my child and stay with my mother. Is this something that the courts will allow? Or is this pretty much unheard of.I know my husband will not want this to happen.Can I move NOW since I have no way to afford to live on my own so that we can be “legally seperated” by not living together? Or if I move with our baby now while just seperated can he come after me and make me move back here to North Carolina? He has had two past convictions of domestic violence against me, one occuring while the baby was in the house. Would this help my case?