Legal Question in Family Law in North Carolina

Yes. Both parents have a right to the care, custody and control over their minor children. If ther eare no court orders and the child is with you, then you can go and take the child with you.

Know that if you leave the state with the child, nothing stops the other parent from commencing a custody action and seeking an emergency return of the child and a change of custody since you have already shown yourself to be at risk of fleeing with the child.

However, this takes money. It also depends on what kind of interest the other parent has shown to date in the child. Depending on the circumstances and why you wish to leave, it may make sense to take your chances and just go. If you have been in the new state for 6 or more months, any custody action will have to be brought in the new state, not North Carolina. If you are relocating way far away, this may make it very very difficult for the parent to bring an action if he or she has no money.

I don't know the circumstances in your case. Assuming that both of you are loving fit parents, then I suggest that just leaving is NOT the way to handle this. I would first get a consult with a family law attorney to review your situation. Then, I would look into getting some kind of agreement in place that allows you to move out of state and which provides for the other parent's meaningful relationship with the child.