I am getting ready to move with my husband to Oklahoma. My ex-husband and I have not settled custody and I am wondering since it has not been settled yet, can I be charged for kidnapping? My ex-husband told me that he would press charges if I do leave state without custody being settled. Is this a possibility? Any information would be helpful and appreciated. Thank you!
If you don’t have his permission to move or the courts then I wouldn’t do it. North Carolina will maintain control for jurisdiction and you will more than likely be made to return the child to NC if he contests it. He can file for emergency custody and more likely than not, he’s going to get it.
You will not be charged with kidnapping if you let your husband know where the child is, and provide access. Your ex can however get an emergency order which requires you to return the child to NC. I do not recommend that you leave prior to a court hearing on the issue.