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The Judge
The Judge, Lawyer (JD)
Category: Legal
Satisfied Customers: 703
Experience:  Active lawyer & former judge with over 30 years experience in family law and business law.
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i am leaving my wife for fear of the wellbeing of my children

Customer Question

i am leaving my wife for fear of the wellbeing of my children and my self need to leave with out her knowledge i live in NC and going to my family in OK can i do this legally?
Submitted: 8 years ago.
Category: Legal
Expert:  The Judge replied 8 years ago.

Yes, you can legally move from NC to OK if there is no court order preventing it.

The law is that each parent has equal right to possession of the children.

Keep in mind that there are legal ways that she could force the children to return to NC. But if she doesn't take those legal steps, once the children have lived in OK for 6 months, OK would gain jurisdiction to make child custody decisions.

In addition, you could not file for divorce in OK until you met their residency requirements.

I hope this answers your question. If there is anything that you do not understand, please let me know and I will be happy to explain further.

In the meantime, please click "Accept" so that I may be paid for my answer and any subsequent follow-ups with you.

Thank you,

The Judge

P.S. I am frequently asked how someone can specifically request that I, personally, answer a question. Here’s how: for new questions in the future, always begin your question with “QUESTION FOR THE JUDGE.”