Leaving and not sure how to file for custody


#1

basically, my soon to be ex and i live in nc. we have 3 kids all under 10 and i plan to take them and move in with some family of mine that lives about 100 miles away, but still in nc. my husband and i do not get along, he is very insecure, demanding, jealous, and has some control issues. i definitely want the kids to be with me, but at the same time have no intentions of keeping him out of their lives. right now, neither of us have jobs. i’m a full time mom and he does little odd jobs here and there when he gets them, it’s all paid under the table. now, what i’m wondering is, do i have to file for emergency custody in the county i’m in now or can i do that in the county i’m moving to? how much will my lack of a job interfere with me getting custody, even if i’m living with family? is it considered parental kidnapping if i take the kids with me, away from him? i’m in dire need of some serious answers and fast!


#2

Is there a custody order in place? If there isn’t, then either one of you can do whatever you desire in regards to custody of the children. OK. You said you do not want to keep the children from their father. You need to come up with some sort of agreement about custody. You both are responsible for supporting your children and if neither has a job, who is supporting the kids? I don’t have the answer for you except you need to reach an agreement and find a way to support your children. That’s all the advice that I have.