My wife and I have separated. I have been working out of state for a year and own the home in NC. She moved out and is leasing another home. She is not willing to tell me where she lives. She will not allow me to see or speak to the kids.
When I have made attempts I have been threatened. She has just now filed for temporary custody, temporary restraining order, and a domestic violence protection order.
We do not have an agreement or order yet.
I just want to see and talk to my kids. I have tried for over a month. She keeps saying that its the kids that dont want to speak to me and I know that is not the case.
You will need to file a counterclaim to her custody complaint with this information in it and ask the court for custody/visitation of the children.
If you believe the mother has left the State of NC with the children, you can file for an emergency ex parte custody order.
In the meantime, document everything: all of your attempts to contact the children, to ask where the children are living, her responses, etc.
It is considered parental kidnapping if one parent is willfully violating/interfering with the custodial rights of the other parent. For more detailed information on this topic, check out our article Parental Kidnapping in North Carolina.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
But in order to counterclaim the original complaint has to be served correct?
She has motioned for a temorary retraining order, temp custondy order, and a domestic violence protection order. None of which have been ordered by the court.
Yes, to file a counterclaim there must first be a complaint filed by the plaintiff and properly served on the defendant.
If she has filed for a domestic violence protective order and asked for temporary custody within the motion and complaint for domestic violence, then this is different than a family court action. If she is not filed a complaint for child custody, then you should file the complaint for child custody and serve her. This can and should be done in addition to any custody terms in a domestic violence protective order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.