Modification of Custody


#1

Long story short–

I have primary physical custody of my less than 2 year old child. My ex husband has visitation every other weekend. Our court order does not prohibit any international travel, and states that he gets 3 weeks (1 week at a time) visit each year. He has to give 30 days written notice of the dates of “vacation” time. No where in the order does it specify that he must tell me “where” he will be during that timeframe.

My concern is this–He has now filed a motion to modify custody (asking for full custody) It’s going to end up in a bitter court battle because he refuses to communicate with me. I am now very worried given his history of irrational behavior and financial means and connections to middle eastern countries that he may kidnap my daughter during his upcoming 1 week vacation in September. He refuses to tell me where he will be during that week.

Do I have a valid claim to file an emergency order to halt the vacation he has scheduled with her?


#2

I feel I was not very clear as to my concerns, but they include a list of irrational behaviors he has exhibited. (DVPO’s, arrests, etc).


#3

Not a lawyer.

Does your child already have a passport? If not, it requires BOTH parents signatures to obtain one. There is also a Child Passport Issuance Alert Program that you can enroll your child in. It will notify you if someone applies for a passport in your child’s name

http://travel.state.gov/abduction/prevention/passportissuance/passportissuance_554.html


#4

The statute governing emergency is NCGS 50-13.5(d)(3). A consultation would be appropriate to determine if his “history of irrational behavior and financial means and connections to middle eastern countries” would warrant the filing of a motion for emergency custody.