Leaving the State


#1

I moved to NC to be with my husband and his family in December 07. 3 months after I moved here March 08, my husband told me he wanted a divorce. All of my family is in Florida and I really want to go back. Now that our year is over and we are getting ready to go through our divorce, he says that I am not allowed to leave the state of NC with our son due to some NC law. Do I have to legally stay in NC or can I move back to Florida if and when the time is right? Right now there is nothing stating that I have to stay in NC. But if there is a law that will prevent me from doing so I need to know exactly where to find this law if there is one or is it just a case to case issue. Thank you


#2

Before you can go to Florida with your son, you must establish a custodial agreement with your husband, or seek the court’s assistance and have a judge rule on the issue. There is no way to predict whether or not a judge would allow you to return to Florida with your son, but if you leave with him, you could be subject to parental kidnapping charges for leaving the state.