Legal Question in Family Law in North Carolina
Can my wife take my 3 month old son out of the State of NC without my permission? She threatens to do so and take him to Maine where her family lives. I am not sure if we are going to divorce or separate at this point, but can she legally do that without a separation agreement? If she does, can I file and make her return with him?
1 Answer from Attorneys
Yes as to the first question. If your wife leaves with no court order or agreement, then you can file an immediate action for temporary custody. As long as you act within 6 months before the child is gone, then any action will have to be in North Carolina.
The problem is that once the child is gone, its going to be difficult to get your son back, especially given his age. The better thing to do is get an action filed now before she goes. If you get an order prohibiting her from leaving that will put things on a better footing for you.
Get to a family lawyer now and don't wait to come home one day only to find your wife and child gone.
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