Legal Question in Family Law in North Carolina

It depends. Is there a valid custody order in place? If there is no order, either party is entitled to the care, custody and control of the minor child. However, if one parent takes the child and leaves the state, the other parent has 6 months to bring a custody action in NC and can ask for the return of the child and seek custody.

Litigation, especially custody litigation, can get very expensive very quickly. It is better to be proactive than reactive. If I were you, I would get a formal custody order in place now before the other parent leaves the state with the child or I would at least get a custody agreement in place and require the other parent to give 60 days' notice of any intent to leave the state with the child unless its for a vacation.