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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116818
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son and I are residents of Nc and we were planning to

Customer Question

My son and I are residents of Nc and we were planning to move with my wife's family in California. She is also a resident of Nc. I have caught her cheating and I wish to leave and come home with my son. We have only been here a week. Can i leave and come home w my son? What can be done? Will I go to jail if I just leave with him?
Submitted: 1 month ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can leave with your son without any court orders to the contrary, since you have equal rights with your spouse to the child. Furthermore, in NC in addition to divorce, you can actually sue the person she is having the affair with for alienation of affection and seek money damages from them.
I would personally engage a local NC attorney and get the divorce and alienation suit filed in NC and I certainly would not move to CA and would resolve this in NC and you can leave home and set up residence with your child.
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Customer: replied 1 month ago.
We are in California now nor NC But doesn't NC law apply still. Weve only been here a week
Expert:  Law Educator, Esq. replied 1 month ago.

You need to file suit in NC and yes NC law still applies. You need an attorney in NC to file divorce and alienation proceedings and you are still legally NC residents for this purpose.

Customer: replied 1 month ago.
If I leave w my son can Calif issue an Amber alert and if they do what do I do then?
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.
No, there are no court custody orders, you have rights to your child. She can try to lie to the police, but if they stop you and question you, without court custody orders you have equal rights to the child. You need to contact a NC lawyer before you leave and get them to file the paperwork, then leave and that would protect you from her false claims.