Leaving NC to go to IL with child


#1

get a seperation agreement before you leave spelling out child custody, ablity to move out of state, and division of marital assets.

It does not matter where you spend your seperation period.

jnewman


#2

Dear paint1toe:

Greetings. I would recommend that you get your agreement in writing with your spouse before you leave. If you agree, you can leave at anytime. You do not have to wait until the house sells. 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

ROSEN.COM

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.


#3

well, my wife up and left NC to OH and we didn’t have an agreement in place and there’s absolutely nothing I could do about it legally. I tried every avenue I could think of, but without an agreement either her or I could take the children whereever we wished. An agreement is in your best interests as well as his.


#4

Dear paint1toe:

Greetings. No, unless you have a court order telling you to remain, there is nothing binding you here. However, I do recommend that you file a custody action or sign a separation agreement before you leave, so that he cannot accuse you of fleeing the state with the child to avoid the jurisdiction of the NC court. 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

ROSEN.COM

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.


#5

Hello, my husband has decided to sell the house and go our seperate ways. I am not standing in his way. He is ok with me leaving NC to go to IL with my 2 1/2 daughter. His plans are uncertain. He has no idea where he will go or what his living accomodations will be. I would like to leave and let the seperation begin. But I want to be near my family in IL. Is there anything legally binding me to spend my seperation period in NC if I have a child? I don’t want to do anything that would cause me to loose primary custody of her. Also, does it matter when I leave? Do I have to wait until our house sells? I am willing to stay and do whats necessary, however the home climate right now is very poor and I think it would be best if we could part now. Please help.