STBX filing for custody...what can I do?

North Carolina Divorce Law Divorce and Separation Answers
1

My son and I left my husband and left the state to be by my family. My husband is a drug addict, and although I have proof, I am concerned that I may not have enough proof now. I just found out that he is planning to file for custody on Monday, and I am scared because I know that he is going to lie…he’s not going to tell the judge that he’s on drugs. And he’s likely going to make a point of staying clean for 3 days so he gets a clean drug test if tested.

I am so scared that he is going to find a way to get my son from me and my son will be unsafe.

Is there anything I can do from where I am? Will I need to return to NC to file? Will it help me to get there and file first?

2

There is nothing you can do to prevent your husband from filing for custody, and North Carolina is the proper forum. I would suggest that you file an action first, if possible. If you file for custody in NC the judge will be less likely to view your actions as an attempt to flee the State to avoid jurisdiction.