There are no particular laws regarding moving out of state with your child, until there is a custody order in place you each have the right to custody of your minor child. If there is no custody order in place you are not kidnapping your son, but unless there is a court order in please, either of you could go to court at anytime and ask the court to determine what custody arrangement is in the best interests of your child.

Your post said you did not have the money for an attorney, however, most people can generally afford to at least consult with an attorney, before myself or any attorney could tell you whether or not to move out of state, they would need to sit down with you and review all the facts of your case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

What are my rights as a mother to move out of state with my child? His dad and I have been Separated for over 9 months. We decided to go the mediation route and file for divorce on our own. We never finished the mediation process and therefor don’t have a custody agreement. We have been sharing custody until about a month ago when he went into rehab in FL. I moved out of our house, and he has been living in it. He doesn’t give me any child support, he doesn’t even have a job. I am out of money at this point and need to move back home and live with my parents so I can go back to school. I also don’t have the money to pay for a lawyer. I was a stay at home mom until the separation. What can i do to make sure that he doesn’t come after me for kidnapping/ custody of our son? I don’t know at this point when he is coming back. PLEASE HELP!!
Thanks in advance!!