Ex-wife left with kids (statute of limitations)

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,

When my ex-wife left approximately four years ago (separation period started that year), she took our young children (then ages 4 and 1) to northern Virginia to live with her parents. At the time, I didn’t contest anything because I was A) in shock, and B) not wanting to upset things any more than they already were, and I figured I could get a job up there in relatively little time to be closer to them.

Fast forward to today, and here I sit, no closer to my children. I get to see them for 24 hours once every other month or so (due to their “busy schedules,” having to spend a ton of money that I don’t have due to child support to drive up there and get a hotel room, not having anywhere here for them to stay, etc), and since the initial child support order is up for review and I’m going to be contesting it (her not working and intentionally reducing her obligation), I wanted to see if there’s anything I could do about her taking the children out of state without my permission back then. Is there any sort of law she violated, and if so, is there any statute of limitations regarding it? Do you think it’s even worth pursuing?

Thanks in advance.

2

It is too late to contest a move that happened four years ago. Northern Virginia now has jurisdiction. You should talk to an attorney up there to file for custody to get more visitation than you are currently getting.

3

So VA now has jurisdiction over that part, but not the child support agreement (as advised by my case worker)?

O_o

Anyway, thanks for your response. I didn’t think it was worth starting a fight over so late in the game, and you’ve confirmed my theory.

4

If you have a child support order here, then jurisdiction for the order stays here unless you move.