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.
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.