Wife took kids across state lines....? Not coming back

North Carolina Divorce Law Divorce and Separation Answers
1

My wife of 17 years took out a Ex Parte protection order against me last week. The action was dismissed this past Monday. Before I got home she, along with her parents, already were packed up and headed for GA with our three children. I had no idea where they were and she is making access very tough. We are still married with no agreement in place of any kind…I have NO money…I could not get to my kids even if I were positive of their location…
She makes the money for the household and I work part time along with being a stay at home dad. I am very active in all three of their lives. They have not seen their father in almost 2 weeks… I have no money…she will not speak with me and I worry about my kids. They are living with her mom and dad, sister and her two kids, and my wife and our 3 kids. 9 people in one household… Bad situation.

What do I do? Can she leave like that and leave me with nothing in the short term?

Thanks,
Jim

2

You should file for emergency custody. For the court to enter an emergency child custody order, they must find that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts. If there is not a pending action, you can argue that the reason for her departure is to evade the jurisdiction, and you can ask that she be ordered to return to the state with the children.