Wife Threatening to Move Out of State


#1

My wife and I are still together although separation may be looming. She is scheduled for a visit with my in-laws out of state in a couple of weeks. They will be gone for approximately 3 weeks. She has threatened multiple times that she is going to keep the kids out there and enroll them in school there. My children are ages 14 and 9 and neither of them desire to live out there. Our home in NC is the only home they’ve ever known. I have told her that I do not consent to her taking the kids and not bringing them back to our home here in NC for school this year. And, I booked their plane tickets which has a clear return date before school begins in our county. So, my question: can she legally do what she threatens? Can she take the kids, against my will (and their will), to another state and try and set up residency there? If she tries this, what is my recourse?

Thanks!


#2

She may take the children out of state to visit her family. If she does not return and attempts to enrol the children in school there, you will need to file an action for emergency custody and the court will issue an order for their return.