I need legal advice. My wife says she is taking my daughters out of state this weekend for good. My lawyer is on spring break and I can’t get ahold of anyone at his office. I need to file a temporary custody order to keep them in NC but can’t find anyone to do this. If she takes them to WV I will lose my parental rights and I have raised these girls since they were babies and have been the primary parent most of the time. What can I do?
While you will not lose any rights to your children and North Carolina will not lose jurisdiction over the case your Wife’s departure may lead to you having to spend unnecessary time and money to have them returned. My advice is that you refuse to allow her to take the children this weekend.
She didn’t ask my permission, she just told me what she was doing when it was my time to pick them up. She is already in WV now and there is nothing I can do about it. I am devastated, my kids don’t even realize what is happening to them.
You need to file a motion for emergency custody here in NC to have the children returned immediately.
They won’t let me do that without my lawyer and he won’t be back until Monday.
Is there an order in the courts starting a seperation/divorce?
If so then this is what you need to do…
You need to get ahold of your attorney. He/she will then put a emergnancy order into the court. The judge will sign it for them to be brought back here. NC is the girls home of record. Just stay calm and wait to speak to your attorney tomorrow. Call first thing in the morning.
Make sure you are still in contact with your ex and the girls also.
no there has not been any papers filed, she has sent me a summons but I have not been served it. Don’t know what it says.
I have tried to contact my daughter but the oldest one that is 7, just started crying when she heard my voice and the middle one 5, wouldn’t get on the phone because her sister was crying. The are very much daddy’s girls. I have raised them since they’ve been born because my wife was in school and studying all the time. Then she went to work and I still kept them in the evenings. I have been more of a mother to them than she has. She sent me a text stating that I could get them at our regular meeting place next Friday and keep them until 2:00 on Sunday.
Received the summons and it is just ordinary Divorce junk, mostly a bunch of lies on her part. Have taken it to my lawyer and told him what has happened and he got right to work on it. Don’t know what is going to happen yet but I’ll keep you updated!
Question: If wife has file paperwork in NC then moved to WV is there anything I can do? Can I get an emergency custody order? My lawyer whom I have paid thousands and thousands of dollars to doesn’t seem to want to do this? Would there be a reason why? I tried to get him to do this back in the fall when I first retained him and he wouldn’t do it, he said it would upset the judge. I want my parental rights and they have been striped from me. He said something about she was not try to flee NC juridiction since she filed in NC before moving to WV. Help I desperately need advise. She is supposably bringing them to me on Friday around 3:00 PM is it illegal if I con’t give them back?
They are brainwashing my kids, they wouldn’t even tell me they went to school today.
If your ex filed in NC before she left, and she is scheduled to return the children this Friday you do not have grounds for emergency custody, which is why your lawyer refuses to file the motion. You must comply with the visitation that is currently in place and proceed towards trial. This is where you will have the opportunity to let the judge know all the reasons you do not want your children to move to WV.
My attorney knows nothing of the weekend visit, we did not get that far! Besides that, I think the weekend visit with my children is “her last return to NC” to sign off on her rental agreement. She plans on taking the children back to WV on Sunday and from there it is up to me for visitation. How can I “kick start” this to get in front of a judge?
We have no schedule except for the one we have been following on our own since we seperated. She is constantly changing it and jerking with me on the days I can have the girls. She will not bring them back down once she gets her rental situation done. I will never see them unless I drive the 6 hours. I’m desperate for some action!
I have an appointment with another lawyer but the quickest I could get in was next Tuesday, by then my girls will be gone again and who knows when I see them. Once she’s out of NC she won’t even allow me to see them on a regular basis, her and her parents are very controlling.
How can she take my children to another state without my permission? If I would have done that they would have thrown me in jail.
Either parent has the right to travel with the children during their custodial time unless ordered otherwise.