custody across state lines

[dcooke550]

What is the name of your state? North Carolina

I still live with my husband. I have asked for a divorce for 5 years and he has told me no. The only way I will ever have any peace from him is to leave the state. I do not have any family in this state. I am waiting until closer to the end of the school year before filing for divorce. I want to take my 6 year old child and move to the state of Florida. I am willing to give him liberal visitation rights during the summer and Christmas break. He will fight me. Will the court allow this kind of move?

 

[king sol]

As it stands now, unless there is a court order for custody both you and dad have custody. You are free to move where ever.

A court order for custody/visitation would have to handled through your current county until you have established residency in another state.

Just leaving would most likely backfire. You wouldn't be able to file where you live, and dad can file where you and child resided with him. It is never a good idea to deny the parent rights to their children, either morally or legally.

Handle things in the right way. Figure out how you plan to support yourself and child, find a home, move and file for divorce, custody/visitation and child support.

Just a little 411 about divorce.....if you think that you will gain peace by filing for divorce even should you move to FL, you are in for a huge suprise. Divorce is one of the most stressful events you will encounter, and it doesn't end there.....dad will still be "in" your life until at least your child's 18th bd. Then there are grandchild parties, weddings, christmas....forever!