First step

Dear ilovecm2:

Greetings. No, it is not kidnapping, but she should give notice of her intent to relocate. Yes, of course he needs to know where she is going. How would she feel if he took the kids to California to live after a weekend. She would be devastated. No, you don’t have to fill out legal paperwork to be legally separated. You are legally separated the date that you stop living together and one of you intends it to be permanent. Thank you.

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.

My friend lives in NC and wants to take her boys out of state. She is married and wants to know if she takes the kids without her husband’s permission is this considered kidnapping? Does he need to know where she is going? Initiall, she’d like to get away from this abusive relationship for 1-2 weeks to sort things out but it may be indefinitely.

What does it mean to be separated? Do they need to fill out legal paperwork?

Please advise