Yes, you can take your children out of the state. However, if he does not agree that it is ok for you to take the children out of state, you should also be prepared for your husband to file an action for custody in North Carolina. If you can both agree on the custody, and it involves you and the kids living in another state, you should draft a separation agreement, and put those terms into it. If you live outside the state for more than 12 months, and you have satisfied the residency requirements in your new state, you may file there. However, if your husband is still living in NC, you may also file here.
Good luck,
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.