I am going to reply to my own topic here since I’ve found some more posts regarding this same issue and other folks may be interested. I am still confused about the exact answer…but it appears there are some options, mainly filing for emergency custody. Here are some quotes from other posts.
"Yes, she can move without your permission. She may need your permission to remove the child from the state though. My advice is to see an attorney immediately to formulate a plan on how to keep your child in North Carolina. Best of luck.
Janet L. Fritts"
“Until custody is decided, NC will have jurisdiction over child custody and a NC court has the right to order that the children remain in NC. What this means, is that if she were to leave the state without your consent, you can seek help from the Court to order their return to North Carolina.”
“I would not advise you to move out of state with the children without the agreement of your spouse. Your husband might decide to file in court for emergency custody and there is a good chance that the court might award him primary physical custody of the kids. As you may imagine, judges do not favor parents who decide on their own to remove children from the state.”
" This is not legal advice, but don’t leave without the kids. Don’t leave the state either! Get an attorney before you discuss leaving with him. Not all people are the same, but I left with my children and went out of state. It is not over, but he has all of our marital property and even my personal property prior to the marriage. He got the kids and the house."
Until there is a custody order or parenting agreement in place you each have the right to 100% of custody of your children. However, I do not recommend that either party take their children away from the other parent, this normally reflects very negatively on them in front of the court. If you are truly concerned your spouse may leave the state with the children, the best way to keep them here is to file a lawsuit and get the temporary custody order in place as soon as possible.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
From reading other posts here, it appears that if I do not have
a separation agreement (my spouse refuses to sign anything), my spouse can leave the state with our two children and my options to get them back will be limited. Please clarify that this is the case. I want desperately to separate but this would prevent me from doing so. Thank you for your time and advice.