Richlands, NC asked in Child Custody and Divorce for North Carolina

Q: How can I legally leave the USA with my son if I want to divorce my husband and want to move back to my home country ?

Im currently thinking about divorcing my husband but I’m worried that if I do he will take back his permission to move back to Germany with our son like he and I agreed on I don’t have anything in written or notarized but I’m kinda curious what rights I have and what would be important to obtain before I even think about leaving the US with our son.

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1 Lawyer Answer
David Allan King
David Allan King
  • Divorce Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: In North Carolina, spousal and custody agreements have to be in writing and notarized. For custody matters, the court can ignore any agreement you make regarding custody if they feel that's in the best interests of the child. Typically, you also have to disclose all material facts (like your plan to get divorced) to ensure the contract is enforceable.

He may change his mind, but you also can't legally enforce his oral agreement.

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