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Asked about 1 year ago - Greensboro, NC
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I currently live in FL (have been for past 2 years) and want to move back to NC to be with my family and file for divorce. My husband and I have one child together, neither of us have court issued custody of the child.
Can I move with my child to NC without the father's consent , wait till I establish residency there and file for divorce?
Or would it be a easier to file for divorce in FL and move to NC with my child after divorce is finalized?
This is not an immigration question. Change the forum that you post in.
The court that has jurisdiction is where you live and have lived for 6 months. Without an agreement you can take your child to another state but the other parent may press charges against you for kidnapping and at the very least get a court order that you return the child to Florida. He can also file for divorce and custody himself in Florida. The court may award him custody if they believe that you are likely to deprove him of his rights.
You need to consult with a family law attorney before you take any action.
You may not take a child without the father's consent across the state lines as that will effectively construe a valid federal charge of child kidnapping. The decisions are always made in the best interest of the child by the presiding court with the subject matter jurisdiction. Be careful not to commit a possible federal crime and consult with a local family law attorney.
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