Wife threatening to leave state with child


#1

We are currently married 13yrs and have been residing in NC for 12 of those yrs. I am the primary bread winner. We have been having major incompatibility issues for several yrs and she keeps threatening that if we go forward with a divorce that she will take my 12yr old son with her to the south west where her family is. Can she legally do this? Lets play it out a bit further and say that we get divorced and she gets primary custody-- could she then do it? Honestly, this threat is the only reason I have not moved forward with a divorce. This is not healthy for anyone involved.
thank you


#2

She cannot flee the jurisdiction with the child. If you intend to separate and divorce and cannot agree on custody, the court will have a hearing to determine what is in the best interests of the child.
The court normally determines that a child having both parents in a child’s life is paramount to serving the child’s best interests. In other words, proving that a long distance relocation with one parent is in the child’s best interests is very difficult.