Can i take my 11 yr old son to another state?

Question

i had sep agreement papers drawn up. but my ex refuses to sign. therefor neither of has legal custody. i am considering moving to another state for a job. i live in NC. is there a law that says i cant take my son. or what can my ex do?

Answer 1

You should really consult an attorney before you consider this because it could be considered kidnapping - even if no order has been assigned yet.

Also, if your son has a good relationship with his father, it could be a bad decision to take him so far from him. I grew up miles from my father and have never recovered from the pain of it.

Good luck.

Answer 2

Dont you worry that will prompt your spouse to not only sign the papers, but get a court order to make you return?

Answer 3

if neither of you has legal custody then i believe that you can take him but if you ex gets custody its up to her

Answer 4

if neither one of you are the custodial parent, and no one has legal guardianship of your son, then legally, you both are his guardians by default.  you may take him wherever you like, but if i were you, i wouldn't do so without his permission.

Answer 5

You cant.  It is kidnapping and if you do it without permission you can loose custody forever.  Hash it out in court to establish an agreement if you have to before you make any moves.  

Answer 6

If you have nothing in writing (i.e. legally and completely still married) then you can take your son anywhere!

Answer 7

If you take your son out of state without his mother's permission - it will be kidnapping.

Answer 8

You *cannot* move a child out of state without the other parents written consent (unless that parent signed away all rights), if you do it is kidnapping. A felony, which can mean prison time and the loss of your child.

You must get court approval.

It is very unlikely a Judge would allow you to move the child out of state, as if it would cause undue hardship for the other parent. There has to be an extraordinary reason.

Answer 9

I'm sorry lostmomma and tryna yall are wrong. No, unfortunately you cannot. Unless your husband is not on the birth certificate. If he is on the birth certificate then he has to have agreed with that or else it is considered kidnapping.  

Answer 10

At this point if there is no paper work drawn, then you can neither of you can make any decisions of that sorts. Custody cases are very tricky, you better seek advise from a lawyer before you make any harsh decisions. Had I not talked to an attorney before I moved to another state, I could of been prosecuted for kidnapping (my own children) and the law would of confined me to that state for which ever amount of time the court saw necessary.

Go on the net in your state and Attorney General sites in your county will help you further research your rights. To be on the safe side, make your ex sign a document (legal) stating that he/she is aware that the child will be moved, that way you at least cover your butt.

On a personal note: Why would you want to move to another state where your son has no relationship with the other parent? Unfair, if you ask me.