Custody and international issues

North Carolina Divorce Law Divorce and Separation Answers
1

The first step would be obtaining a custody order, either by consent with your spouse, or by seeking custody and having a court determine what custody arrangement is in your children’s best interests. Once you obtain said order, prepare to give copies to the children’s school or daycare, the passport office, the State Department, and the embassy in the country you suspect she would flee to. Be sure to also keep as much information such as your wife’s numbers for: driver’s license, passport, social security card, and bank accounts. A current photo is also important.

Your best preventive steps in anticipation or the possibility of your wife leaving the country would be to address the concern with restrictions imposed within a custody order.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100

2

My wife and I are still trying to work things out. That said, she is from Venezuela and, in recent discussions about a potential divorce, she has said on two occasions that she would “take the kids away to Brazil.” Of our two sons, I am am the stepfather to a 7-year old (with no legal rights) and biological father to a 13-month old. As I say, we are trying to work through things, however, we have serious money problems. If I decide to proceed further I would like to have a consultation, however, are there any steps at all I can take to guarantee that she does not try to flee the country with my biological son? Also, what recourse would I have if she did? I am desperate for any limited information which you may be able to provide.