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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- North Carolina
- (910) 333-9679
- View Profile
- Answered
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
