Legal separation


#1

My Husband and I are in the process of obtaining a legal separation, I have a question in reference to my three children, I plan on moving back to New Jersey with my parents, I want to know what my legal rights are in reference to taking the children out of state.


#2

There is no legal separation in North Carolina, separation in this state is really just the period of time where you live separate and apart from one another.

As far as the children go, until a court order, or agreement is in place, both you and your husband have equal access to the children. You may travel with them, and even take trips out of state, however actually moving without an agreement or court order allowing the same can give rise to your husband filing an action for emergency custody.