Can Randolph family law attorneys explain if I can take my child out of state during the divorce process? Yes!
It is not uncommon that one parent desires to leave North Carolina during the divorce process. Their family or friends may be in another sate, and divorce is certainly a time when you need all the emotional support you can get. However, you should not take your child out of state before contact a family law attorney. In some situations, the consequences of taking your child out of North Carolina without your spouse’s consent could cause your spouse to get custody of the child.
There are several things you need to consider before taking your child out of North Carolina. First, there is a specific law in North Carolina that could give custody to the parent residing in North Carolina. So long as North Carolina is your child’s home state, if the other spouse believes you are going to relocate your child to another state, they can seek a temporary emergency custody order from the court. This custody order will require that the parent residing in North Carolina have custody of the child for the time being.
On the alternative, if the child lives with you out of state for six months, the new state can become the child’s permanent state and you can file for custody within the state. This is risky, though, because the other parent can file for emergency custody within the six months you are in the other state. Additionally, the new state is not required to grant you custody. There is always a chance that they could grant custody to the parent in North Carolina.
Before making any final or hasty decisions, you should contact a Randolph family law attorney to know all of your possible options. Custody battles can be a difficult situation for everyone involved in the divorce process. Call at 336-379-0539 today; we are here to help!