So my stepdaughter and husband are getting divorced. They need to be separated for a year first. He wants her to move out of the recently purchased house they have together. They have a 3 yr old also. All her family lives in Tennessee she has no job no friends or family up there. His family lives up there so he has support. My question is can she just leave and come to Tennessee with son ? She’s afraid it will look like she’s taking son and leaving. He said he will get a court order to bring him back and it won’t look good for her in court. He says he will not let her take him to Tennessee. She can’t move out with no money and no place to live and no support.
The mother should not relocate out of state with the minor child without written custody terms (whether in a separation agreement or consent court order) which states that both parties agree for the mother to relocate outside of NC with the minor child. Otherwise, she would need to file a custody action in the current county of residence asking for a court order giving her custody and allowing her to move out of state.
If she moved out of state with the minor child and without a formal written agreement with the father or without a court order granting her that ability, the father could obtain an emergency ex-parte court order which could order that the minor child be returned to the State of NC and in the custody of the father until further hearings by the court.
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.