In a North Carolina custody case, can a parent take a child out of state without permission of the other parent?
If there is not a court order or separation agreement that states that the other parent must give permission, then yes, a parent could temporarily take a child out of state without the consent of the other parent.
However, removing a child from the state of NC for the purpose of evading the jurisdiction of NC courts could allow the other parent to have an ex parte emergency custody order granted potentially giving that parent sole emergency custody for 10 days until the issue can be heard before a judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Hi Anna,
I don’t think I explained it well enough. I have a permanent custody hearing set for the end of November. It’s my wife’s intention to move back to Minnesota after the hearing has been completed with my daughter permanently. She has been having an affair for over a year now. I had her followed twice over that time. The most recent was two months ago. My wife consistently leaves my daughter with others including 14-15 year olds while she goes out drinking. She broke the decree by leaving my daughter at her paramours house after 11pm and I have proof from a private investigator.
Would a judge allow that?
Can she move her out of the state permanently without my permission?
With these facts, if you can show to the judge that it would not be in the child’s best interest to be with the mother, then a judge will not allow it. A judge isn’t likely to agree to the mother moving with the child to another state if the child is used to living in NC: school, friends, extracurriculars, father, extended family, etc. are all in NC and the mother cannot prove a benefit to living in another state with the child.
The court will not tell a parent where they can and can’t live. The court will provide a custody schedule. Unless the court order says otherwise, either parent could move out of state as long as they can still follow the custody schedule provided for in the order (usually this is not feasible and so an out-of-state move can’t happen unless the judge specifically states that a parent may move out of state if the parent so chooses).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
First question - Are you and I the only ones that can read this?
Second question - Both of our families do not live in NC. We moved here a few years ago. My job is here.
This is a public forum and these posts are not private and confidential.
The judge will make a custodial decision based on what is in the best interests of the children. While a judge may consider where extended family live, this would be just one of many factors that a judge would take into consideration.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.