QUESTION
Is my Ex Wife allowed to move my kids 14 hours away without my permission? What can I do? In which state should I pursue action?
Asked on Jan 24th, 2012 on Family Law - Virginia
More details to this question:
The divorce was decreed in NC, although I was living in Virginia on Active Duty military orders, and she was living in Maryland with her mother. Without notice, I found out that she had taken the kids without warning and was moving them to Alabama. I have joint custody, but she is the custodial parent. I am current on all support payments and have not violated any part of the decree. I was allowed visitation every other weekend, but if over 100 miles, it becomes one weekend per month. It is impossible to see them for a normal weekend due to it causing 28 hrs in travel time out of that. I gave absolutely no permission for her to take them and have done nothing adverse in the process. The divorce was decreed in February, 2011 and the move was in June of 2011. I need to know not only if this is legal, but also in which state I should pursue my rights. Thank You
1 ANSWER
If custody was ordered as a portion of your divorce decree, then North Carolina is the state where you need to start. Jurisdiction in custody cases is pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). North Carolina presently has jurisdiction of the matter due to the previously entered custody order.
I am not familiar with North Carolina law, but in Virginia, all custody orders provide that a party must give thirty days written notice to both the Court and the other party prior to relocating. This gives the non-relocating party an opportunity to be heard if the move is opposed.
This information is provided for informational purposes only and does not constitute legal advice. This information does not create an attorney-client privilege between the author and reader.
Answered on Jan 25th, 2012 at 1:09 PM