What are the rules


#1

Dear John:

Greetings. If she moves from the state with your child, your only recourse is to go to court and ask them to make her bring the child back. My suggestion is that you document, in letters to her, that you do not agree with her taking the children from NC. Also, it is a good idea to have as much time as possible with the child before the child is removed from the state. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

SO THIS MEANS THERE IS NOTHING LEGAL THAT CAN KEEP HER FROM GOING OUT OF STATE WITH MY CHILD? CAN YOU TELL ME WHAT MY LEGEL RIGHTS ARE
IF ANY? THIS ISN’T KIDNAPPING, OR ILLEGELLY TAKING HIM OVER STATE LINES.CAN I DO THE SAME WITHOUT HER PERMISSION? i AM IN A DELEMMA
HERE, AND I WAIT FOR YOUR REPLIES, AND IT SEEMS YOU JUST GIVE ME SHORT ANSWERS, I’M SORRY BUT I CAN’T AFFORD AN ATTORNEY OTHERWISE I WOULD MEET DIRECTLY. i DO NOT WANT MY CHILD TO BE LIVING 1000 MILES AWAY, AND IT DOES NOT LOOK LIKE I CAN PUT UP WITH MUCH MORE OF HER BADGERING ME ABOUT MONEY STRESS, I WANT HER TO GET OUT, BUT I DON’T WANT HIM TO GO. IF I TELL HER TO GO CAN SHE JUST TAKE HIM AWAY OR SHOULD I GO TO THE COURTHOUSE AND ASK THE JUDGE TO WORK OUT THE DETAILS, AND IF I GO TO A JUDGE WILL I NEED AN ATTORNEY THAT I CAN’T AFFORD. SORRY ABOUT ALL THE QUESTIONS I AM DESPARATE FOR HELP AND THIS SEEMS TO BE THE ONLY PLACE TO GO WITHOUT PAYING FOR AN ATTORNEY
WICH I CAN NOT AFFORD. PLEASE HELP ME MORE IF AT ALL POSSIBLE.


#3

Dear John:

Greetings. First, the answer is the same. Your only recourse is to go to court and sue for child custody if you want to keep your child in North Carolina.

As far as kidnapping is concerned, you should contact your local district attorney to see if her moving with the child constitutes kidnapping. It is my opinion that it probably does not, but I am not a criminal attorney.

Yes, you do have a problem. You can always represent yourself “pro se” (which means without an attorney). You will need to file a complaint (and other corresponding documents) and set up a hearing before you can speak with a judge. Once cannot simply walk into the court house and ask the judge for relief…documents must be filed first.

Finally, I am sorry that you were unsatisfied with my previous answer. It is true that this is a free service, but it is also a lot of work answering everyone’s questions. The answers are not always what the questioner wants to hear. Your answer is that when you want to stop a child from being transported out of state lines, you must act quickly, correctly, and generally with the help of an attorney. There is no other way, unless you can negotiate with her, to force her to do something unless you have the power of the court behind you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

Just a suggestion, get an attorney … custody issues and Div is too complicated yes, it is expensive, I know but find one who will listen and who you are comfortable with explain your finaces remove the your emotions and stick to the facts but, get something filed before she goes out of state. GOOD Luck

Divorce from hell


#5

John:

I don’t know what you expect. You asked a question, and Attorney Fritts provided an answer, and at no cost. I’ve not found any other site that provides sound legal advice for free.

I’m curious at whether you are “working” poor, or “overspent” poor? “Working” poor have it toughest, because the butt-sitting poor get all sorts of government assistance. If you are “overspent”, do you have anything like bass boats, guns, golf clubs, etc. you can sell to raise money? Some counties have legal aid organizations. I doubt they will enter into a divorce fray, but possibly they can answer some of your questions at no cost. The first thing you need to do is to calm down, and start thinking rationally. This blowing up at others isn’t going to get you anywhere.

Twiceloser


#6

I KNOW SHE CAN LEAVE THE STATE WITHOUT MY PERMISSION , BUT WHAT ARE THE RULES FOR HER TO TRY TO TAKE OUR 9 YEAR OLD? AND WHAT HAPPENS IF SHE DOES ONE DAY WITHOUT MY CONSENT?