Left the state with my son


Dear rileysmom:

Greetings. You will need to check with an attorney in the state you live in to see if you can file for custody there. Generally the answer is NO.

Let me also warn you that your actions may be looked at negatively by the judges here in NC. Taking a child out of the state and not informing the other parent where you are and letting them see the child will not go well for you in court. You may be on a bigger losing end than you imagined. I hate to tell it to you that way, but the truth stands alone…usually with no friends. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


I have currently left the state with my son. His father wouldnt let me leave anyother way so i told him i was going up north to stay with family till our financial situation was straightend up. I need to know if i can file for custody here and do I need to have a legal seperation or can i just wait a year. I can not go back home he will not let me leave If I return home. and i currently have no money for legal costs since he has drained the bank account.

Kim Garrett