Dudley, NC asked in Family Law and Child Custody for North Carolina

Q: What do I do if my ex wife is wanting to move my son out of NC without a custody agreement ?

Me and my ex wife have been civil since things have ended. No custody agreement, no child support, I give her money every week and I get my son every other weekend, she lives 3 hours from me. She told me she was moving but never told me where and tonight I have a screenshot of her telling me she’s moving my son out of NC to SC, I have my son with me as of now , what do I do from here to keep him from her if she’s leaving? My son is 5 years old and has lived in NC all of his life. Their have been no issues between me and ex wife until now .

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2 Lawyer Answers
Wendy Smith
Wendy Smith
Answered
  • Archdale, NC
  • Licensed in North Carolina

A: You need to hire an attorney ASAP to file a custody complaint and prevent the move.

Angela McIlveen
Angela McIlveen
PREMIUM
Answered
  • Divorce Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: You need to hire an attorney and file a lawsuit for child custody. Depending on the circumstances, you may be able to get an emergency custody order granting you emergency custody of your son so that she cannot take him out of the state. If she moves to SC and they live there for six months, she will be able to file for custody in SC.

It's important that you take action quickly. The longer you wait to file the more expensive your custody case will become.

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