What is my rights as a father if my wife wants to move out of state?

UPDATED: Oct 1, 2022

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What is my rights as a father if my wife wants to move out of state?

My wife is talking about separating and is saying that in about 3-4 months she wants to move and take my baby daughter with her to another state which is 8 hours away from where we live. I disagree with the move and she claims because I have some domestic violence incidents with her that a judge will grant her to be able to leave with no problem.

Asked on February 23, 2018 under Family Law, North Carolina


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

Answered 4 years ago | Contributor

Please seek legal consultation asap.  First of all she can not just leave.  That would be kidnapping.  She would have to ask the court to allow her to leave and allow her to be sole custodial parent and you would contest that application. I will be homest: the DV incidents are not a plus in your favor.  But if there have never been any instances of abuse toward your daughter and the DV cases were dropped or resolved in your favor then do not let her scare you.  Courts do not favor children being taken from a parent that far away, especially if one is involved in the child's life.  Seek help.  Good luck.

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