You might want to call an attorney in that state since laws are not the same in all states and ask him or her that question.
No one wins in divorce only the Lawyers do!
Well the divorce was filed in NC. And I do pay child support, so the support order says that my ex is the custodial parent. But, we don’t have any custody or visitation agreement. So, why wouldn’t I have just as much right to having my children live with me as my ex does.
Dear mdooris:
Greetings. Do you have a separation agreement? Other than the support order, are there any other documents?
My initial comment to you would be yes, it would be a problem for you and the children longterm, although I don’t think the word illegal fits. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
No we do not have a separation agreement or any other document dealing with custody. For the first 9 months of the separation my wife only allowed me to see the kids when she needed a babysitter. She has in recent months started allowing me to see the kids on a more regular basis based on a verbal agreement we have. I will be getting the kids for 8 weeks this summer and I just didn’t know if I could try somehow to get physical custody legally while they were here. My ex won’t even discuss me having primary custody of the kids. My kids are in daycare and before and after school programs due to the demands of my ex’s job, and neither of the kids would have to be in daycare with me. It just makes more sense for me to have custody. I don’t know what state I would have to file in though. Neither of us still lives in NC although Child Support is still paid through NC. Do I file in her state, mine or NC?
Thanks for you help.
Dear mdooris:
Greetings. Talk to an attorney in the state she and the children currently reside in. I bet that is where you will need to file based on the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act). Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Ok, my NC divorce is final but my ex-wife and I have never had a custody agreement entered into the court. She has physical custody currently and I have had visitation with my children. We have verbally agreed to visitation. Since the divorce my ex-wife has moved to Virginia with both my children, I have moved to Colorado. I recently found out the my daughter has been missing quite a lot of school because my ex-wife has had to do things for work and could not keep her in school. My son is in day care from 6:30 in the morning to 5:30 at night because of her work schedule. I believe that her schedule is interfering with what is best for my children and I would now like physical custody. Of course, she doesn’t agree.
My question is:
I have the children for the summer in Colorado. Is it illegal for me to keep the children in Colorado and enroll them in school for the Fall? Can I then file for custody in Colorado?