Ask a Divorce Lawyer: Can my ex move out of state with our son?

Question: My ex wife is thinking about finding a job outside of North Carolina. I currently get my son every other weekend currently and in the summers, plus rotating holidays. 

Can she move out of the state and legally take him with her?




I must start out by stating that I am not licensed in North Carolina, so I do not have specific knowledge of North Carolina law, however, Cordell & Cordell P.C. does have attorneys in North Carolina who are licensed to practice law in North Carolina and would be happy to discuss the specifics of your case with you.

The ability of one parent to relocate with the children is becoming one of the most litigated subjects in domestic relations. This is because there are a variety of factors that need to be examined prior to a parent relocating. The Court’s Order or the parties’ settlement agreement will control a parties ability to relocate with the children.

If they are silent as to a party’s ability to relocate, the most likely you will need to ask the Court to prevent her from taking the children with her. The Court would then, most likely, determine her ability to relocate based upon the best interests of the child. You need to go over your agreement or Court Orders with an attorney in your jurisdiction, who can provide you more specific advice.


Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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