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.