Legal Question in Family Law in North Carolina

My wife and I have recently separated amicably and reside in NC. We have a 4 year old. She is considering taking a job offer in Colorado. I would not consent to our child moving to Colorado. Does she have the right to take our child with her if she accepts the job in Colorado? Thanks.


Asked on 11/25/13, 12:55 pm

1 Answer from Attorneys

Depends on what your Separation Agreement says - if you have one. If you don't have a separation agreement or if you do but the agreement is silent on the issue of taking the child out of state, then your wife can take the child where ever she wants with or without your consent (and so could you for that matter). You need to consult with a family law attorney ASAP and get some form of temporary custody in place or at least an injunction to prevent wife from leaving with the child.

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Answered on 11/25/13, 1:00 pm


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