Legal Question in Family Law in North Carolina
Hello,
My son is married and has a 1 year old. His wife's family is moving to Florida and she has stated that she is moving with them and taking the chid even though my son has protested. We live in NC. Is it legal for her to take the child across state lines without my son approval? They are not going through a divorce but she wants to move anyway even if he doesn't want to move. So I wanted to know if he had any rights.
Thank you
Reashell
1 Answer from Attorneys
Yes she can take the child. Both parents havef the right to care custody and control of the child and if there is no court order, whichever parent gets the child can take the child and not let the other parent have access. So if she gets the child she can escape. If your son gets the child, he can go to your house and not allow the wife to take the child.
Your son needs to file for custody of his child BEFORE she takes the child. Once the wife is gone with the child for 6 months or more, NC loses jurisdiction to act. And if he does not want to move, he and the wife are heading for divorce court. To best maximize your son's chances, he needs to see a family law attorney NOW.
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