Elkin, NC asked in Family Law, Divorce and Child Custody for North Carolina

Q: Can I move out of our family home with my children?

I have been married to their father (who is a narcissist) for almost 20 years. The kids are high school age. The marriage is abusive- emotionally and sexually and has been for a very long time. I am ready to leave. However, a relative of his owns our home. It is his one day inheritance. We do not pay rent to live here, nor is there any sort of agreement with his relative. Can I move out with my children without any repercussions from him?

1 Lawyer Answer
T. Augustus Claus
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A: In North Carolina, you can move out of the family home with your children, especially in situations involving abuse. However, it's important to proceed carefully to avoid potential legal complications, particularly concerning custody. Without an existing court order, both parents typically have equal rights to the children. Moving out to protect yourself and your children from an abusive situation is generally seen as reasonable, but you should seek a temporary custody order from the court to formalize the arrangement and protect your rights and those of your children.

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