Relocating out of state and custody

My husband and I have been separated for less than a year but we have filed no separation agreement. I have had custody of our two sons since he moved out. I would like to move out of state now. Am I allowed? Should I file for custody once I am out of state?

If you don’t have a current custody agreement, then technically you can move out of state. However, the children’s father can prevent you by going to court and filing for some of custody arrangement. He very well may feel it is fine for you to move…but if it makes it difficult for him to see his kids, he may say he doesn’t want you tomove.

If there is no custody order in place you both technically have full custody of the children. You may move out of state, however if your ex files an action for child custody in NC when you move this state will have jurisdiction, and the courts here will ultimately decide if your move out of state is in the children’s best interests.