Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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”
Question: 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.
