Overseas US DOD Civillian - NC Residency


#1

Hello. My husband is a GS employee for the Dep’t. of Defense. We are overseas on orders, and will not return to the US for at least two more years. Our home of record is VA, but we no longer own a house - or any property - there. Both my husband and I grew up in NC (19 and 23 years, respectively), and both of our families still live there. It is my desire to move back to NC with our children, in order to establish residency and proceed with a divorce.

I spoke with a JAG yesterday about the legality of my leaving with the children and was advised that I should not do so without my husband’s approval. I can not imagine my husband “allowing” this, and would like to obtain a temporary order of custody in order to return to NC. The JAG was not sure if that would be possible because we are not physical residents of NC (or any state, actually). He did, however, say that NC may have different standards for military and other DOD employees/dependents stationed overseas. He also said that the fact that our families are in NC, and that the children were conceived (not born) in NC could be helpful.

Can someone please tell me if there is any way that I could obtain a temporary order to bring my children home so that I can establish residency in order to move forward? Thank you so very much for your input and time.