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."