Taking our son out of state

North Carolina Divorce Law Divorce and Separation Answers
#1

You can always get a lawyer and take the matter to court. While sitting and waiting for our court matter to be heard (something different), my husband and I watched and listened as the judge ordered two different women to “not remove their child from this state”, so the father could have access to their child. One woman stated she had already gotten a job in FL and had an apartment waiting for her. Both women claimed that the father would still be able to see the children “every other weekend” as planned, but couldn’t answer when the judge asked how that was going to be possible considering the distance she was trying to put between them. I must say that was one of the few instances (in my experience)where I actually saw the courts rule for the father over the mother.

venus

#2

I cannot remember what it is called but I have heard of a legal term that can keep your ex from leaving the state.

I was afraid I was going to have to file for the same sort of thing. My ex was talking about moving to a different state so she could continue her education which would have made it impossible for us to continue my visitation as it is. I was worried and talked to some people. They said that unless my ex could show just cause, better living, job, etc. reason why she would move our son away from me that they would order her to not leave the state.

Definately check into this. A father should never be seperate from his children when he wants to be active in their lives.

#3

Dear hodedo:

Greetings. I cannot advise you on custody laws in other states. My suggestion, speak with an attorney in the state where she is living with your child currently. Thank you and good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.

#4

I am a member of the USAF currently stationed in KS. My wife and I were married in NC back in 2002. We have spent the past 3 years living over seas because of my job in the USAF. We were scheduled to return to the states in jan 2007. My wife left in NOV 06 and took our 2 year old son with her to spend the holidays with her family. While home right before thanksgiving she had told me over the phone that she wanted a divorce. When I came home in Jan she let me have our son with me @ my parents house for the whole month of Jan and I also had him for the 1st week od Feb with me out here in KS. Isnt there anything I can do to prevent her form keeping him 1000 miles from me. How can I play an active role in my sons life when I dont have a job that allows me the flexability with my work schedule and not to mention I cant exactly affod to travel to see him as often as I would want. This would be 100 times easier if she was in the same town or even state as me. I could have him every other weekend. She doent want sole custody she said we can have joint custodt but she refuses to let him come stay with me here in KS. I just wish she could be prevented form taking him so far away from me. If anyone caould provide any help or point me in the right direction I would greatly appreciate that.

A father in need of his family…