Moving out of state with kids before separation agreement

My husband and I have been preparing separation while both living together and attempting to date others until I can get a place on my own, as we both recently underwent job changes. Recently, I have considered moving out of state to be closer to some family, but I fear he will try to keep me from going with the kids. As of now, there is no custody agreement or separation agreement. Can I just go and file for custody once I am there? Or should I do so now, even though we are still living together?

By what my friend who is a cop and work for the court house… When i was living in texas i had him ask the family judge and this is what he told me you can take your kids out of the usa since there is no court papers about the kids… But just know that the father can come and get them…

You can relocate with the children however, this would enable your husband to file for an ex parte emergency custody action against you. An ex parte emergency custody order can be granted when there is a substantial risk that the minor children may be removed from the State of NC for the purpose of evading the jurisdiction of NC. He could be granted an ex parte order awarding him temporary sole custody until the matter can be heard in court with you present as well.

You can file for custody now even if you are living together and not yet separated.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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