Fuquay Varina, NC asked in Family Law and Child Custody for North Carolina

Q: I have sole legal & physical custody of my daughter (court order). Do I need my ex permission to move out of state?

There is nothing in the order stipulating that I can't. He was granted supervised visitation but never visited her. 1 year ago we tried to reconcile but he hasn't changed and also has taken zero initiative to be a part of her life. I'm trying to move back home but he is insisting he will have me arrested for kid-napping. Everyone I talk to says he can't do that.

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1 Lawyer Answer
Melissa Averett
Melissa Averett
Answered
  • Divorce Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: It depends on the exact language of the court order. All of the court order. He can't have you arrested for kidnapping, but depending on what the order says, you might be in contempt of court or he might have grounds for emergency custody if you leave the state with the child. You need to review the order with a family law attorney.

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