Still married wife moving with baby

My son and his wife are legally married with a 13 month old, he left her 6 months ago, no separation papers have been filed, no divorce papers either, so legally they are still married, she is dating another man as my son is dating another woman, she is moving away with in the state of NC, 4 hours away. shouldn’t my son be notified that his wife is taking their daughter away? also can they both get in trouble?

Since there is no custody court order or separation agreement with custody terms then Wife/Mother has no legal obligation to notify Husband/Father that she is relocating. Neither parent can get in trouble when there is no formal custody arrangement unless one parent takes the child away from the other with the intent to keep the child from the other parent (i.e. parental kidnapping).

It would probably be a good idea for Husband/Father to file a custody action against Wife/Mother.

Anna Ayscue

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

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