Child Safety & Moving PLEASE HELP

I have been separated from my husband (separate states) for over 2 years. I have always had the children living with me, he has continued to pay for our living.
We decided we need to go ahead and get a divorce.
He took all the $ out of bank and savings accounts.
I need to keep a roof over our heads and need to move out of state and in with family.
We have not started divorce paperwork, or custody paperwork.
I worry about the safety of myself and the children.
Is there any problem with us just moving?

If you were to move from the State of NC with the children without a custody court order, then your husband could file an ex parte emergency custody action seeking emergency custody based on the premise that you are leaving the state with the children. He could be granted emergency custody.

The better course of action would be to file a custody action and have a court order with a custody schedule that contemplates you moving out of state with the children before relocating.

Anna Ayscue

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

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