Emergency Order for Custody


#1

Is there any explanation that is reasonable to a judge once a emergency custody order is filed by the opposing?

For example, I need to consider leaving the state because of health issues but my ex will be gone from the state for a year and he doesn’t agree on custody moving from NC.

If I send his attorney or him a certified letter about my intention to relocate and a letter from my doctor, will the judge consider that?

My doctor is also willing to testify to my medical condition.


#2

If you are leaving the state with the children with the intention to reside elsewhere an emergency order will likely be granted to keep the children here until a full hearing on the merits can be had.

In my experience, unless the other parent consents, it is difficult to convince a court to allow a relocation with the children as it is presumably in their best interests to remain close to each of their parents.

The best advice I can offer is that you try and negotiate an agreement with the children’s father that allows the move.


#3

He will not allow me to do that since he wants things convient for him.

He is gone most of the year every year.

When he is here he tells me if I want him to watch his daughter I will have to find a babysitter in his area until he gets of work. He is not involved in doctors appts, school events at all. He does help out a all. He also stays that he can not commit to keeping her because he doesn’t know when he will travel.

He is on call for his job so he never knows when he is coming or going there getting a court date set in stone is next to impossible since his attorney continues that case often then the courts are scheduling 3-4 months out.

What should I do and how will the judge look at his frequent absence of of state?


#4

Of course you can always explain your side of things to the judge, and you absolutely should do so. You should consult with an attorney ASAP to assist you in this case. You should present all evidence about his lack of involvement, lack of time and his difficult schedule.


#5

Thank you! You provide a excellent service!

Question for my friend

The husband moved out of the state to VA 7 years ago and hasn’t seen the child in almost 3 years.

The husband(defendant) is currently overseas so mediation has been waive red without the wife’s(plaintiff’s) knowledge until she received the order yesterday.
The husband(defendant) also travels out of the country and doesn’t even call. The defendants grandparents visit but not the husband(defendant).

But now the defendant has filed a order for visitation modification will the judge stop the primary custodian move to another state?

The plaintiff believes he has done this due to a court date set for a increase in child support and medical responsibility of the child.


#6

If the dad has moved to VA, then he shouldn’t be able to file for emergency custody if mom wants to move out of NC. He already left the jurisdiction of NC himself. From these facts, mom shouldn’t have too much difficulty keeping herself as primary custodian since dad has had very little interaction with the child.


#7

The ex wants to modify the custody and phone visitation. But basing visitation off the child still be in NC. Will the judge make the child stay in NC at a regular motion hearing even though father has been living in VA? Father doesn’t plan to seek a emergency order though. But during the custody motion hearing. Once she asks the judge if visitation can be set up based on the move to the new location? Will the judge make her responsible for half or all transportation costs or will father be responsible since he isn’t even in NC? He travels out of the country frequently since he is a military contractor.


#8

It’s the same with any other modification. He can object to your moving, and if he does the burden is on you to prove that the best interest of the child is in line with the move. If he has only has limited and sporadic contact with the child, then it will be easier for you to show that the move will benefit the child. The stronger the relationship between the father and the child, the more difficult it will be to move. If you do get to move, he pay for his own travel to see the child.