My husband & I have been married almost 6 years and about a month ago he decided that he is unhappy and wants to separate. I did not want this but he left anyway. He does not talk to me except for when he wants to see our 2yr old son. He has offered no financial help at this point and I have a mortgage to pay so I am getting ready to put our house up for sale. My question is whenever the house sales I will need to move back to Georgia where all of my family is because I will not be able to afford it on my own in North Carolina. I honestly don’t know how my husband will afford it on his own either especially if he has to give child support. We have no legal paperwork filed as of now and I am just looking for advice as to what is the best way to go about moving out of state during a separation. I don’t know whether my husband will fight it as I have not brought it up to him yet but I assume he realizes I can not make it here without him.
Anyone have any kind of answer here??
The problem with moving out of state is that your husband can use that as grounds to get emergency custody. Temporary emergency custody orders may be entered in order to provide continuing stability in a deteriorating situation, to preserve the status quo, to prevent the child’s removal from jurisdiction, to return the child to an appropriate custodian, and/or to protect the child from harm, neglect, or abuse.
It would be best to get an order on custody that contemplates your move before you do it, that way he won’t be able to file for emergency custody when you leave NC.