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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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