Legal Question in Family Law in North Carolina
custody
When a mother of 3 children from north carolina has separated from her spouse and there are papers signed. She is the primary care giver and has elected to relocate to california with the children.
Is there a law that would demand that she, or the children must immediatly return to North Carolina when the children are not in danger and she is not trying to evade the state jurisdiction?
She is really looking for a law that allows her to stay with the children in California.
1 Answer from Attorneys
Re: custody
Custody and visitations when more than one state is involved are governed by federal laws. These laws have either been enacted or similar law have been encacted in every state. There is generally not a law which speicifically states that you must return. A court order would have to be obtained telling you to return. YOu should consult with an attorney in Calfornia regarding the facts of your case. Many factors have to be considered to provide a more detailed answer.
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