Taking my childern out of state

[shulerron]

I live in North Carolina, my wife and i are not together, Our oldest child 13 lives with me Our 12 and 7 year old stay with her 4 or 5 days a week. She either stays at a friends house or at her moms. There has been no legal papers filed anywhere. If i want can I move out of state and take the childern with me? And if I can and she files for custody in North carolina will I have to come back and fight for them here or can I file for custody in Georgia? The only reason I would do this is because My mother has an empty house in Georgia and I would have aunts and uncles and neices who could help babysit the childern while I work and financially would be the best decision. I work in the restaurant business here and work alot of hours and alot of night hours. where as in georgia I could get a full time job during the week and daytime and be at home more with the childern.

 

[Duranie]

Taking the kids out of state without your wife's. or the courts permission is a bad idea. You could not file for divorce in the new state until you meet the residency requirements. In the meantime Mom can file for divorce and ask for the return of the kids, and ou would have to report to NC for all court dates.