If we are Legally Separated, Can My Wife Move Out of State with my Child Without my Permission?
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My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? |
“My wife has recently asked me for a divorce. We will be divorcing in the state of North Carolina. The state has a one year separation obligation that must be fulfilled before filling for the divorce. I am a member of the USAF currently stationed in Wichita, KS. She is keeping our son with her in NC. Can she legally relocate with him like this? She has had him there for three months now. I am just looking for some help so that I will be allowed to play an active role in the upbringing of our son. Thank you”
You can file something yourself to determine parental rights and obligations. When you say “keeping” that sounds like that is maintaining the status quo. If she moved out of state without your consent, you might still have the option of filing where you all previously resided, if you still live there (i.e. Wichita). If you were all at one base, and you got transferred to Wichita, and then she took off to be with her family in North Carolina, she has a good argument why the case should be heard in NC.
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For more on this subject check out these categories: Family Law, Divorce, Child Custody, Move Aways & Relocation, Relationships
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.