Legal Question in Family Law in North Carolina

Moving out of State w/Child Before Divorce

I want to move to North Carolina (where I have family) with my 2 yr old daughter. If I move there from New York before divorcing my husband, can he bring me or my child back against my will because My daughter and I are residents of New York State. How can I get status of residency in North Carolina, so that the divorce can be held in North Carolina. How long do I have to live there? My moving there and divorcing him is a matter of finance and is a must.

Asked on 5/05/98, 7:22 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes
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out of state, pre-divorce relocation w/ child

Since you make no mention of this critical aspect, one assumes that there is - as of now - NO court order or operative separation agreement w/regard to custody/visitation.

Nevertheless, in the event your husband learns of your plans, he certainly may access the Court to seek relief in the nature of an order prohibiting you from removing the child from the jurisdiction. Should you leave without his advance knowledge, he still may access the Court (&, possibly, law enforcement) to seek relief.

The NYState Court of Appeals has just recently "re-visited" the issue of relocations w/ children & it would not be inaccurate to say that the law w/regard to such is now vaguely less rigid than it was. Consequently, if you are confident of the "quality" of your cause & want to minimize the possibility of having the early days of your new life made miserable by awkward complications, it might behoove you to seek a custody determination {&,in effect, permission to relocate} in advance. This can be accomplished in the Family Court.

However, it would be folly to try to offer any larger response here, since there are too many critical variables not mentioned in your query as posted [beginning with that I noted at the start].

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 5/28/98, 2:08 am

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