# Can she leave the state with children?

**URL:** <https://forum.rosen.com/t/can-she-leave-the-state-with-children/10078>\
**Category:** Divorce and Separation Answers\
**Created:** [April 20, 2010, 8:34pm UTC](https://forum.rosen.com/t/can-she-leave-the-state-with-children/10078 "2010-04-20T20:34:51Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![stormfront10](https://avatars.discourse-cdn.com/v4/letter/s/3e96dc/32.png) [@stormfront10](https://forum.rosen.com/u/stormfront10)\
**Post date:** [April 20, 2010, 8:34pm UTC](https://forum.rosen.com/t/can-she-leave-the-state-with-children/10078/1 "2010-04-20T20:34:51Z")

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My wife and I have been separated since last year. I own the house she lives in with the children. As we are dividing the property, every time she disagrees with me on an issue she threatens to move with the kids out of state to a relative’s (10 hours away). She says she has “every right” to do so. What is the law in NC?

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**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\
**Post date:** [April 21, 2010, 1:43pm UTC](https://forum.rosen.com/t/can-she-leave-the-state-with-children/10078/2 "2010-04-21T13:43:22Z")

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You and your wife have equal rights to the children, she cannot unilaterally make the decision to move out of state with the children. In the event she does so, you can file for an Emergency Order for their return and the pursue custody and visitation through the court system.

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**Author:** ![stormfront10](https://avatars.discourse-cdn.com/v4/letter/s/3e96dc/32.png) [@stormfront10](https://forum.rosen.com/u/stormfront10)\
**Post date:** [April 21, 2010, 8:01pm UTC](https://forum.rosen.com/t/can-she-leave-the-state-with-children/10078/3 "2010-04-21T20:01:12Z")

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Thank you, Erin. That is what I thought.

Once the divorce is final, will that still be the case?

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**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\
**Post date:** [April 22, 2010, 1:21pm UTC](https://forum.rosen.com/t/can-she-leave-the-state-with-children/10078/4 "2010-04-22T13:21:44Z")

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Yes, the divorce does not affect custodial rights.