My wife left the state with my kids


#1

My wife took our children to another state and I am afraid that I will never see them. We are not legally separated as of yet, I never consented to a move, and I have no idea where she is, or how my children are. What can I do? Thank you very much.


#2

Erin can be more specific I’m sure, but you’ll need to file for an Emergency custody order to force her to return with the kids. She’s effectively committed parental kidnapping which is not legal.


#3

You need to file an action for emergency custody to have the children returned to this state.


#4

Thank you for the information. One last question is where do I file this - here in NC or in MA where she is? If here, is there a particular division of the court that I need to go to? I cannot thank you enough for this.


#5

North Carolina, civil district court, in the county where you reside.


#6

Sorry, but she is demanding money from me for “support” and I am not certain that I have to do this. I would like to ensure that my children are OK, however the means by which she has done this makes me not want to send her money.


#7

Child support will have to be established, and you do have a duty to support the children, no matter what your relationship with their mother is. I suggest you include a claim for the court to set child support as well.


#8

Rosen.com has a calculator on the main page so you can figure out what you should pay her. However, it will be difficult for you to use since it doesn’t sound like you have a set custody schedule since she ran off.

FYI - support payments and visitation are not linked. Depending on your incomes and how much time you get with the kids you may owe her no matter what, and it doesn’t look good for you if you don’t pay.

I really suggest you get a lawyer. You will need to file for custody and get a schedule in place.


#9

Thank you again - very much. I will call your firm later and arrange a time to speak.


#10

Yes, I have been supporting my children, however I did not send her money once I found out that she took my kids and moved to another state (one week I did not pay her anything). I will let an attorney and/or the court work this out. Thanks again for you help.


#11

You are welcome. I wish you the best.


#12

Erin - one more very quick thing: I went to the Union County Courthouse to file the emergency custody order today, however they would not do this nor did they have the forms. They directed me to their very cumbersome, confusing website, and I still cannot find the proper form(s). Would you please be able to send me the link to the actual form(s) for the emergency custody order? Thank you again.


#13

There is no link for their site that I am aware of, and we do not provide forms as a part of this service. You may want to check out our DIY site, or speak to an attorney in Union County who can help you.


#14

Thank you Erin. Sorry but what is your DIY site? Would like to check it out but not sure where/how to access.


#15

It is the “do it yourself site” more information is contained on the right side bar of this page.