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.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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