What will happen if I leave

You should expect that your husband will probably file an emergency custody order to force you to bring the children back to North Carolina if you take the children away without his consent. That would make things difficult for you in a custody case, so I suggest you talk to him about it before you leave. The best thing to do is get some kind of interim agreement in place where you and he agree you can take the kids out of the state for a set period of time, and you agree to return with the children on a specific date.

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
email: sstanback@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.

My husband and I have been married for five years. We have two children, ages 2 and 4. After our first child was born, we started counseling together for almost 2 months and gave it up. Mainly because our counselor wasn’t meeting our needs. About 16 months ago, we started seeing a new counselor. Our progress has been minimal. The past two/three months have been very difficult. I am not sure where or what to do at this point. I feel I need some time away to think. I would like to leave the state for a few weeks and stay with family. I plan to take my children with me. I plan to do this without consultating my husband first as I know he will be against the idea.

What kind of legal problems will I have if I leave with my children? Will my husband be able to use this against me if our marriage comes to an end? Is there anything that I can do to protect myself before I leave?