Moving to Seattle -- Can I bring my daughter?


#1

Well now I’m really screwed. She stole my car, then filed a protective order against me. The whole world is crashing down on me.

-aseigler


#2

It sounds like you need to have a consultation with an attorney to make sure that your rights are protected. You can contact our office at info@rosen.com if you would like more info.

In answer to your question, it is not advisable to move out of the state with your daughter while custody is pending in NC.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

Thanks, I actually had an attorney ready, as I sensed something was coming. Since I posted here, I felt it was only fair to post the results too.

So my wife filed a frivilous 50b against me last Monday. The whole reason behind this is that it’s free to her, because she makes almost no money at all, and she intended to win, which she felt would give her a good position at a custody suit (which I will be filing tomorrow). She went to victim’s assistance, once again, because it’s free, and she would like everyone to think she’s a victim. They got her an attorney at no cost to her. Anyway, the court date was today at 9am. My attorney and I were there 10 minutes early. My wife didn’t show up until 9:20, as typical, she was late.

So when she finally showed up, my attorney talked to her attorney briefly. Her attorney is used to totally uncontested hearings. When my attorney told him that his client intended to deny everything, his jaw dropped and his eyes opened wide (“You mean I am actually gonna have to do some work?! Damn it all!”). After 2 and a half hours listening to some seriously awful and heartbreaking cases, we were finally called, 2nd to last. Her attorney asked for a continuance, based on the fact that he only got assigned the case 2 days ago, and I was fiercely going to contest it. The judge agreed to allow the continuance, but without the protective order, based on my response and evidence I produced that PROVED half of the stuff she said was lies, and the rest, even if true, wouldn’t constitute domestic violence in any way.

So I left, documents in hand, and went to my daughter’s school to pick her up. I showed up in suit and tie (I was actually better dressed than my wife’s attorney), showed the documents to the school’s administration, then asked if my daughter was present today. She’s not. In fact, she hasn’t been in school since the day the 50b was filed. Called my attorney, let him know, we kinda already figured that was gonna happen. She’s keeping my daughter from me now. It’s been 10 days since I’ve seen her now.

[:(]

-aseigler


#4

Dear aseigler:

Greetings. You need to file an emergency custody action (or at least a temporary custody action) asking the court to place the child back in school. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

My wife moved out 5 months ago, by her own will, I did not want her to leave. Our 4 year old daughter has split time between us since then, but I have paid 100% of the needs for the child, as well as many of my wife’s bills.

The problem is, I am moving to Seattle in a few short weeks for a VERY good job with a large software company based in Redmond that I have already been working for 7 years now. I really feel that I need to bring my daughter with me, or I may never see her again, and still end up paying huge sums to my (soon-to-be-ex-) wife. I have no money, as my wife has spent every last dime I had and then some over the years. I am also desperately short on time.

Is there ANYTHING I can do here? My wife and I cannot agree on anything, so any private agreement is out of the question. She quite literally wants everything, the child, all property, everything, and she wants me to pay for 100% of all expenses as well. She feels entitled in some way.

Thanks,

-aseigler