Well, if he hasn't heard of community property that's okay because NC is not one of those states.
You are in serious need of legal advice. Things have changed, it's so black & white anymore. No longer can you just move out of state without having to face the consequences. The consequences could possible be loss of custody ect.... See if you leave, NC still has jurisdiction in the case. He can & will file an ex parte (without the other party) temporary motion for custody & support. When you can't be found, or if you refuse, the case will work its way up thru the courts until there is a Federal warrant out for your arrest. It's kinda hard to fight for custody when you are wearing an orange jumpsuit and NO, those aren't pretty bracelets.
In addition, just because you divorce or separate, you will be probably be required to (at the very least) notifymin & the courts 30 days in advance of any move. Or even to obtain permission from the court to do so. At which time he will file a TRO against you to prevent you leaving until a change in custody is heard. If you lose, you can't just change your mind to stay & retain custody in many cases but certainly not all however.
There are no guarantees that you will win custody. Suppose you get a judge who feels that it’s in the best interest of the children to be with the parent who can better financially support them? There is also no guarantee that the judge will not order 50/50 parenting. There is no guarantee that you will be awarded any support at all if there is joint parenting in place. No one here is a mind reader to tell you what will happen that is why you need to find a good family law attorney in your area. He/She should be able to advise you on how judges in your local courts tend to rule in this area.
You should consider doing what needs to be done in order to become more financially independant before leaving. Children need both parents, not one or the other just being a visitor.
KAT
