Legal Question in Family Law in North Carolina

Taking a child out of the state

I have a nephew in the marines in North Carolina. His wife is getting out of the Marines on Feb. 15. She just informed him that she wants to go to Colorado for a year and a half to figure some things out. She says she does not want a divorce. Can she legally take their one year old daughter away from him if he doesn't want her to?

Asked on 1/11/07, 4:16 pm

1 Answer from Attorneys

Stephen Daray Sciangula & Daray

Re: Taking a child out of the state

Both parents have equal rights to their child. The answer is that she can take the child. If he wants to stop the move he will have to do so before she leaves. Only a divorce court can put these rights in writing or stop someone forom relocating.Hope that helps. Stephen

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Answered on 1/23/07, 8:50 am

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