QUESTION
i dont have a custody order or separation agreement can my wife move out of the state with out my knowledge and not let me speak to the kids
Asked on Sep 26th, 2017 on Family Law - North Carolina
More details to this question:
i got the house court ordered of to me and i restraining order o my wife. she told me she would have me killed and said someone will come in the house when i was sleeping and put me in the hospital and she also told me she was gonna let the house go into foreclosure i brought it to a judge and she gave me the house but wont give me custody of the kids, she said it was the wrong court room but the kids have been living here there whole life, my wife left me end of 2015.i had the house and the kids she wanted to come home 6 months later and i wouldnt allow it so she claimed DV and i got put in jail and she got a restraining order and the house. I won the case with all the evidence i have against her . but when i took the house back over she left the state and im pretty sure in flordia . but she wont respond or let me talk to the kids i email her almost everyday cause thats the only way i can get ahold of her. My kids are 5 and my son is about to turn 4.i need help please someone
1 ANSWER
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I would recommend taking immediate action here by consulting with a child custody lawyer in your local area. NCGS § 50-13.5(d)(3) carves out emergency situations allowing for an ex parte custody action, including scenarios in which one parent leaves the state with the children and without a court order. Once she has been in the state for six months, initial jurisdiction will transfer to the new state so it is important that you act quickly. For more on emergency actions/moving out of state, see our blogs on the topics of Emergency Child Custody in North Carolina and moving out of state with children in a child custody dispute. Hope this helps.
Answered on Oct 02nd, 2017 at 12:29 PM