Children Being Kept at a Distance

North Carolina Divorce Law Divorce and Separation Answers
1

If you are worried she would flee, the best court of action is probably to file the action and ask the court for a temporary restraining order preventing her from moving with the children, and then move back.

I wish you the best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

In 2005 my wife took our 4 children and moved without warning three hours away from our home. I discovered she had been having an affair for 2 years and that the 4th child was not mine. I was as involved with my children from a distance as possible. Over the year of separation before our divorce I hammered out a very basic visitation schedule which we had notorized as part of a non-court ordered custody agreement. It was not what I wanted, but it was the best I could get without an attorney. I was advised by an attorney that as a single man at a distance from my children it was highly unlikely that I could win custody of them since I was single and could not be at home with them, wheras my ex-spouse could be. I wanted to move to be closer to my kids but my ex spouse promised to run away again. I did not have sufficient money for a custody battle. I decided to move out of state for a year to earn good money for an attorney.

During this year I have called my children daily and have flown back to NC 1 weekend a month for visits. I am a highly dedicated father. I have remarried and am moving back to NC to live in the same town as my kids. Again my ex is threatening to flee if I come closer. Can I compel her to keep my children close by? How can I keep her from running off with my children? Should I initiate mediation and custody issues before or after I relocate?