Wife moving, and a few more questions

North Carolina Divorce Law Divorce and Separation Answers
1

I have reason to believe that my wife is thinking about moving out of state. No separation agreement has been filed or divorce. I have seen an attorney but it’s going to take time to work up the retainer. We plan to file on the 24th but some other things have to fall in place before that happens.

  1. Will the courts will make her come back to NC to deal with the custudy if she tries to move and I file here? Also, if she files for divorce or custudy there will I have to go there for court?

I thought there was a law that protected people from this very thing happening. I thought there was a law that was passed that would force her to bring them back and go to court here. This law was based on where our children lived for the last 6 months is where the case would be heard. And that you could motion to have the case moved back to that location, if she was to file in Fla before I had a chance.

  1. The person she has become involved with is in the Airforce, and he is subject to move whenever he is asked. How much of an effect will this have on custudy? In my opinion this is a life changing decision that will effect my children for years to come, and it’s not one that should be taken lightly. My children and I are not the ones that made this choice. I know it’s up to the judge to decide, I was just wanting to know if there had been any cases like this one. Also, since our split to live in separate places and try to work on the marriage happened, the kids have seen a drop in grades and yet to improve.

  2. I have a 2 4 6 that are biologically mine. A 9 year old daughter that is not biologically mine, but I have been in her life since she was 14 months old. At what point will the judge hear what they have to say about where they want to stay? Also, is there any chance the court might grant time for me to see my daughter, and what are the chances of that? Considering her father might not want that. From his point of view he might be thinking, “How many more people are going to come into her life if this keeps happening.” Same thing I would be thinking about with my children. Can’t say I would blame him.

  3. Taxes, we have agreed to file married jointly. She has also agreed to let the funds be deposited into my account. This would not be a joint account. Soloy in my name. Once this has taken place what rights does she have to the money? Also, can she later claim I did it without here, although she has given me all her tax information. We have agreed to her keeping the car and most of the stuff in our house. Nothing is on paper thought. We are still married, seprated only by living in separate houses. No divorce or custudy has been filed.

I am working on getting my retainer up for my attorney and this is the only place I have to ask these question at the moment. I have been taking note and plan to ask my attorney what the best course of action is going to be once I have the chance. Thanks for all your advice so far. This website does a great service for alot of people.

2

North Carolina will retain jurisdiction over the case, even if she attempts to move. If she flees the state with the children you can seek an emergency order forcing her to return the children.

If your wife is involved with another man, his job should not affect custody. She is not married to him and the courts will not allow her wish to be wit her boyfriend override your rights as a father.

The courts can hear from children if a judge decides that speaking with the children would shed some light on what may be in the children’s best interests. In this case I would say your children are too young.

Unfortunately you have no legal rights to the 9 year old, and the court cannot intervene to give you visitation with her.

If your wife signs over the refund to you and you are already separated, the money is your sole and separate property.