My Wife Left The State With My Children

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: My Wife Left The State With My Children

Postby Fatheroffour » Tue Nov 16, 2010 12:57 pm

You should have several attorneys interviewed by the end of the day and have the filings in the courthouse by morning at the latest.

Get on it.
“The two most important days in your life are the day you are born and the day you find out why.”― Mark Twain



Patiently waiting for 2025.
User avatar
Fatheroffour
Moderator
 
Posts: 28384
Joined: Fri Oct 12, 2007 8:37 am
Location: Top of the world

Re: My Wife Left The State With My Children

Postby JimZam66 » Tue Nov 16, 2010 3:38 pm

I am hiring a firm here in Charlotte - Cordell & Cordell. My first session with them is this Friday @ 1pm. I will have them file it right away. Yes, I can move back into the house at any point - it is not lived in at present. Thanks for the quick and expert advice.
JimZam66
New
 
Posts: 9
Joined: Tue Nov 16, 2010 11:29 am

Re: My Wife Left The State With My Children

Postby FINE AGAIN » Tue Nov 16, 2010 4:17 pm

I went through a similar scenario years ago. You have the right to have your children returned immediately under the uniform child custody jurisdiction enforcement act. ( UCCJEA ) Get up to Mass, get a local attorney to request a hearing, bring kids home. If six months goes by without action, your kids will be residents of Mass. Until then your case belongs back in your home state. Don't wait, act now.
FINE AGAIN
50+ Posts
 
Posts: 62
Joined: Mon Sep 04, 2006 11:47 pm

Re: My Wife Left The State With My Children

Postby Thoughts? » Tue Nov 16, 2010 5:40 pm

Get back into the marital residence immediately and have the locks changed NOW. In your motion make sure you request primary occupancy of hte marital home. Time it so you are in the home (and she is not) when you file, and that when you get the locks changed it's right after filing so that you have the trail of a pending court motion asking for sole occupancy of the marital home before they actually get changed.

Make sure you show any & all evidence of her having moved, and the email trails after the fact, and anything documenting your contact attempts (like cell phone records), to your attorney, so you can claim she cut you off of all contact and that you can show you continued to attempt contact.

Read the list on the Reference sectiion on this site. Get very very educated.
The board is the sum of all of your great posts...Help divorced men be great dads! Divorce help in a father friendly divorce forum....more tips on how to deal with your divorce at DadsDivorce.com
Thoughts?
Moderator
 
Posts: 19423
Joined: Fri Jan 14, 2005 10:02 am
Location: Deep in the Heart

Re: My Wife Left The State With My Children

Postby JimZam66 » Wed Nov 17, 2010 6:52 pm

Can anyone direct me to where I can get the forms to file for an emergency custody order since she left the state with my kids?

If so, can you send me a link?

Thanks all - very helpful and I appreciate the candor and the insight.
JimZam66
New
 
Posts: 9
Joined: Tue Nov 16, 2010 11:29 am

Re: My Wife Left The State With My Children

Postby Thoughts? » Wed Nov 17, 2010 7:35 pm

I am not from NC so can't point you to forms used in your jurisdiction. However, since your kids are at stake here, I do rec you use a lawyer.
The board is the sum of all of your great posts...Help divorced men be great dads! Divorce help in a father friendly divorce forum....more tips on how to deal with your divorce at DadsDivorce.com
Thoughts?
Moderator
 
Posts: 19423
Joined: Fri Jan 14, 2005 10:02 am
Location: Deep in the Heart

Re: My Wife Left The State With My Children

Postby LOBO3315a » Thu Nov 18, 2010 10:06 am

You'll have to go to your local courthouse and talk to the Clerk of the Court. That will give you the forms you need.

I couldn't find any links for the forms for NC, sorry.

And get a lawyer involved like Thoughts suggested.
LOBO3315a
1K+ Posts
 
Posts: 1410
Joined: Mon Apr 03, 2006 12:39 pm
Location: Just tries to help in GA

Re: My Wife Left The State With My Children

Postby Anything4Her » Thu Nov 18, 2010 10:47 am

JimZam66 wrote:Can anyone direct me to where I can get the forms to file for an emergency custody order since she left the state with my kids?


Courts have forms for frequently used types of motions, evictions, small claims civil, etc. They are unlikely to have one titled
"Emergency Request to Return Children to Marital Home". The closest you might find is some sort of "Petition to Change Custody" .

Your energy would be better spent engaging the attorney and having him/her write the order rather than looking for the 'right form'. I think in a situation such as this you would be taken more seriously with a formal motion written in appropriate lawyerese rather than a pre-printed form where you try handwrite the whole story on the 4 blank lines supplied.

-A4H
Quality time cannot be scheduled. It spontaneously arises while doing the mundane. - FatherofFour
Anything4Her
1K+ Posts
 
Posts: 1734
Joined: Thu Feb 18, 2010 11:10 am

Re: My Wife Left The State With My Children

Postby loenex1 » Thu Nov 18, 2010 1:44 pm

Look first you have to file for divorce in the children's home state (where they have lived for at least 6 months). Then you file for an emergency motion to return the children as long as you are married and not in the divorce process she really isn't breaking the law
she's just on vacation with the kids!!! Most states have a web site with basic forms but I will tell you this you had better get moving because time is custody!! The longer you wait the more reluctant a judge will be to uproot the children from their new environment.

Next research the statue in you're state that has to do with parental relocation with children.

In Florida the custodial parent cannot leaved the state with out there being an agreed upon < parenting time > schedule by both parties.

Make sure you have documentation to prove she left and that you are trying to get her to return the children peacefully cell phone records, neighbors and what ever you do don't give her any excuse to say she is afraid of you because you will loose before it even starts.
He who gives in does not deserve to win!!!!!!
loenex1
10+ Posts
 
Posts: 23
Joined: Sat Sep 18, 2010 7:52 pm
Location: Miami, Florida

Re: My Wife Left The State With My Children

Postby JimZam66 » Fri Nov 19, 2010 3:48 pm

Do I need an attorney to file or can I somehow locate the forms online and then file myself? I was told to file here in NC and then someone else said to file in MA. At this point I am confused and really searching for clarification.

If I can file myself, where would I locate the emergency custody order or the parental kidnapping order? Thank you.
JimZam66
New
 
Posts: 9
Joined: Tue Nov 16, 2010 11:29 am

Previous Next

Return to Parenting - Child Custody Forum and Child Support Forum

Who is online

Users browsing this forum: Bing [Bot] and 9 guests