Legal Question in Family Law in North Carolina

Your question is too complicated to answer here. To be separated, all you have to do is leave the marital home. If there are no custody orders, you can leave with your daughter.

However, what is the likelihood of your husband filing an emergency custody action? If he does, the court can make you bring back the child. Do you have marital property here? Where do you want to go? Why? These are questions which may be relevant in any custody action.

I would suggest that you go and see a family law attorney to discuss child custody, child support, possible support/alimony for you and equitable distribution of your marital property. It would be better for you to get an agreement in place and to address visitation of the child by your husband before you leave to prevent any future lawsuits. Once an agreement is in place, your leaving can be part of that.