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Can my daughter take her child out of state?
My daughter and her husband have separated (she was the one who left) they do not have any papers in place for their divorce. He has taken her car and has left her with no transportation to work. Because we ( mom and dad) live in North Carolina and if she was to come her she would have support. Her husband has the child and says she cannot take the baby out of the state or he will get her for abandonment. Separated do any of theses things?
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Are they legally separated or simply living apart? Did she leave the marital home and leave the child with him? How long ago and does she pay support? She needs to go to Family Court in her area, file for custody of or visitation with the child and then request leave to remove the child from the State. If she left the marital home she may have already abandoned the marriage, if that is what you are talking about. Abandoning the child is a totally different thing. Unless she left the child unattended and placed the child in danger, I do not see abandonment here. |
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In addition to Judy's excellent response, in the absence of a legal agreement there is nothing stopping him from hanging on to the child or here from taking the child to another state. Once an agreement is put in place its possible she may be forced to return or return the child. |
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