I am 7 months into my separation and my spouse is stating that he wants to move with the kids out of the state. We moved to NC due to relocation with the Army. I have been deployed and so he provided primary care for most of our marriage. I want to be able to have 50/50 visitation with my children but he insists on moving back to his family home in OR. What circumstances would need to be present for him to be able to do this? I am no longer active duty with the military so I can’t be deployed again, please help.
If he tries to take the kids to Oregon, you can file for emergency custody. Temporary emergency custody orders may be entered in order to provide continuing stability in a deteriorating situation, to preserve the status quo, to prevent a child’s removal from the jurisdiction, to return the child to an appropriate custodian, and/or to protect the child from harm, neglect or abuse.
You could also preemptively file for custody and try to get an order in place before he moves.