Can I legally move to another city with my son if no custody papers have been drawn up and I have him in my custody?

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Can I legally move to another city with my son if no custody papers have been drawn up and I have him in my custody?

Asked on July 2, 2015 under Family Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are married, has a divorce been filed? If not and/or there is no custody order in place, then you are free to leave the state with your child. However, his father could go to court and request a custody hearing to determine temporary custody. At that point you will be required to return with the children. If you do not you could be held in contempt of court and could even be charged with parental kidnapping.

The court will determine the issue of pemanent custody at a later date. It will be based on what is in the "best interest of the child". Since this can get complicated and be emotion filled, you really should have legal representation. Retaining an experienced attorney who specializes in custody cases is advised. They can best put forth your case.


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