Can I take my child out of state?

I’m not sure of all the legal stuff that goes with this but I think after 6 months with no contact you have grounds to terminate his rights.However if he grants you full custody you can move anywhere you choose without consulting him but if he has rights you should tell him where your going. I understand your situation with no family also. I stayed in NC for my marriage after they moved back to GA where we are from. I had been married for 10 years before my husband cheated and now want to move back to where my support is(i go to work at 4am and need someone to stay with my boys while I do i dont have anyone here). I am getting ready to go to court on this issue. Good Luck to you I hope everything works out for you.


Dear apjones:

Greetings. If you have full custody, you can move, but I would advise you to tell him first. It is unlikely the court would make you stay - that is even if he asks the court, which sounds highly doubtful.

No, you can terminate his rights if he has not supported the child.

Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.

Well this is kind of a long story. My ex is in rehab in NC and I am currently living in NC. He has not seen my daughter for over a year now and has not tried to get any visitation. Only when I filed for divorce and asked for custody has he even tried because we had to go to mediation. Neither of us have custody really, although he gave me full legal/physical custody in our sep. agreement in 2005 and is willing to give me the same now in our parenting agreement. The question is, can I move out of state without telling him?

Also, is it too late to try and terminate his rights? I feel so uncomfortable with him seeing her…he has had a stroke and now glaucoma and plenty of driving while license revoked charges.He is unstable even in rehab. He fits all the guidelines I have read to terminate rights. I know his family would make him fight it, but I don’t think he really cares. He currently pays no child support and never has either. Also, my daughter expresses no interest in seeing him (I know, very sad) and I am planning on marrying the man who has helped me raise her for the past year and moving a couple of states away. All of my family is in the other state and I have none here…not even one person, I only stayed for my marriage.

I will be talking to my atty, but wanted to see if anyone else has any input.