I need to move quickly because school is starting and I do not want them to be changing schools. I told the father of the move to Georgia. He didn’t like it, but was agreeable as long as he still got them every other weekend. Now just days before the move he is telling me he will have me arrested for a felony. Our mediator is gone and our county will not have one for awhile so I do not know what to do. I am disabled and am going to be homeless if I cant move where I will have s home and part time job. Ca n I be arrested or them taken away? I do have full legal custody.
I also want to add that it says the parties are allowed to move but must give at least 48 hours notice. It also currently has me residing in Virginia, not North Carolina. It was not updated when I moved after having brain surgery last year. I am confused onvthe kidnapping laws because I have given notice, the father will know where I am, and I am mot taking away visitation
If you have an open child custody claim, it is unlikely that you will be arrested for committing a crime, but there are a multitude of issues that could arise if you move without reaching a mutual agreement beforehand. Just scratching the surface, one possibility is that If you do you have the authority to solely make legal decisions for the children, such as where they go to school, and you are unable to abide by the custody provisions, you may be held in contempt. Discussing all of the possible issues and outcomes that may arise in this situation is outside of the scope of this forum, and the best advice I can give you would be to seek legal counsel, even if only for a consultation, immediately.