Emergency custody order..then what?


#1

Have you obtained a lawyer yet? If not, I would ASAP.

I would think that an emergency temporary custody order could be obtained rather quickly (as opposed to normal custody orders). If you’ve spoken to a lawyer, tell him what your wife plans to do. If you have no signed agreement, legally you have equal rights to the children. She can’t keep the children from you. If you want to prevent her from moving, I would try to time the actual separation with the emergency order. If she by chance slips off before the order, then I’m not sure what the procedure is, but I think she would be in contempt if she does not return with the children. If found in contempt, and she refuses to comply, I believe she COULD serve time in jail.

While I understand her desperation and motive (wanting you to stay), using threats that involve the children are NOT fair. Children should NEVER be used as leverage. [V]


#2

Thanks for responding comingclean2. I do have a attorney and we have spoken on and off for the last year and a half on various scenarios (I have been agonzing over this decison for many years). I have not posed this specific question. I was thinking it might benefit others to see a response from one of the Rosen attorneys. I was hoping to get a verification on your statement “I believe she COULD serve time in jail.”

Although I 100% agree with your comment “Children should NEVER be used as leverage.”, that only applies to compassionate and mature adults. If I was dealing with one, I wouldn’t be wanting to seperate. The person I am dealing with will do everything within her power to “punish” me, including turning my kids against me in any way possible. This person is a controller. For anyone wondering, I do not feel I have done anything to deserve punishment. I have never cheated and have provided well for my family. It is a very difficult decision to decide to “got it alone” as a single parent, the situation has to be pretty miserable, and it is.

Ok, sorry for the soapbox. I needed to vent a little [:(]. I do appeciate the advice.


#3

Hopefully Helena will respond.

I said COULD because just from my experience. My ex was found in contempt from a court order (to be honest, I can’t remember which one). He was supposed to serve ‘weekend time’ in the jail, but my lawyer did something to stop it. Heck, I didn’t want him in jail, I just wanted him to do what he was supposed to do. I think it had something to do with child support. But the only way to wake him up was to go through that process.

I read so many posts here where children are used against their spouses to get what they want or to shut them up. Even so called rational folks do it. It’s a power thing. And it unfair to the kids. I’m sure your children don’t want to move away from you, but if your wife gets her way, they will.


#4

You could go to court and seek an emergency custody order requiring that the children be returned to the state. In order to get this you would have to prove that the children are at an immediate risk of irreparable harm or at risk of being removed from the jurisdiction of the court. If you cannot prove there is an emergency you can set a temporary custody hearing and ask the court to return them until a final custody hearing has been entered.

Once you have an order from the court law enforcement in every state should help you enforce this.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#5

Helena,
Thanks you so much for taking the time to respond. I had kind of given up on getting an answer to this, then checked back today on a whim and found it [:)].

If I understand correctly “or at risk of being removed from the jurisdiction of the court” would apply to my situation.


#6

You’re welcome for the response, it appears from the date stamps that I replied with in two days, generally I will answer all posts within three days of the day they are posted.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#7

Hello,
I’ve been searching this forum for a little more detail regarding options when children taken out of state w/out a custody agreement. My wife has threatened to move, with the children, back to her home state (500 miles away) if I attempt to move out and start our seperation period. In situations simular to mine, I see the following advice in this forum:

“However, if she leaves with the kids, and you can pursue temporary emergency custody through the court. If the court feels it is an emergency situation, then it can order her back to NC, and the children to your custody until a permanent custody trial can happen.”

My question is, how can “order her back to NC” be accomplished? My wife is someone who feels that rules or laws do not apply to her if she does not deem them as “fair”. I assume I would have to do something like call the Sheriff in her hometown and try to have him assist me in obtaining the children from my wife’s location (fat chance)? Or would an attorney be able to assist me here?

I am just trying to get a handle what I could be faced with if I decide to move out.