Mooresville, NC asked in Family Law for North Carolina

Q: Can my husband leave the state with my children

I need advice on setting up visitation with my children as we are separated. He is threatening to leave the state with my children and file for custody.

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2 Lawyer Answers
Amanda Bowden Johnson
Amanda Bowden Johnson
PREMIUM
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: You likely need a formal written Separation Agreement that resolves your marital issues while you are separated including child related issues such as custody, visitation and support. This can be done for a relatively affordable flat rate fee of around $250 for most average couples. As to whether he can leave the state with the children. Yes, he can but he would likely be violating the law if he does so without your consent. Also, jurisdiction to file for custody would typically be where the children have resided for the last 6 months so he would likely have a hard time filing for custody in another state before you could get a court order to force them back. Best of luck.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
Answered
  • Greensboro, NC
  • Licensed in North Carolina

A: You might have grounds to file for emergency custody here in NC if you can prove to the Court that "there is a substantial risk that the child(ren) may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts."

Whether you file for emergency custody or not, you should consider filing a 'standard' custody case ASAP as NC appears to still have jurisdiction over the custody case.

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