If I leave and take the kids with me before a divorce, what action can my husband take against me?

I want a divorce and have 2 children. We moved to our current state for a job. I want to move back but my husband wants to stay here. He also wants to split up our children; he wants to keep our 4 year old boy and have me take our 4 month old daughter. He works out of town and would leave the raising of our son to his mother, who would be forced to move here (even though she doesn’t want to). He doesn’t realize that I want a divorce.

Asked on September 22, 2012 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please, please, please seek legal consultation in your area.  Do NOT leave the state with out an intent to return with the kids.  It could be seen as kidnapping.  And it will not look good in a custody battle. Splitting up the kids is really not going to be ordered by a court as I can see it and it would be very damaging to your son at this age.  There really is no easy answer here.  You need to ask an attorney in your area about the law there and see what startegy works best for relocating.  If he will not agree then you could have a fight on your hands.  But the court needs to grant permission in that case.  Good luck.

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