What can I do if my husband moved out of state with my son and won’t let me see him?

What can I do to get my son back now; we are not divorced.

Asked on March 24, 2012 under Family Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

Please seek legal help as soon asyou can.  Technically your husband kidnapped your son and you need to file s proceeding in court for temporary custody and sole physical custody and to force him to bring your son back.  You do not need to file for divorce to bring a custody determination proceeding.  If yours is the child's home state and he took him with out your consent then you have a case.  Good luck.


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