Wife filed for custody and left state with child while I'm out of town

[dadneedingchild]

What is the name of your state (only U.S. law)? North Carolina, Durham county

Hi, I'm looking for some guidance. I went out of town 3 days ago on business. Today I find out that my wife has filed for custody of our child, lawyer fees, and had a moving company or a relative come and pack everything needed for our 20m old and half the stuff in our apartment and take off to Mississippi. She has a lawyer and has apparently been planning this for some time.

I'm not returning to town until tomorrow evening and will be tuesday before I can do anything.

We've been in NC for over a year now. Wife currently doesn't work, but said she was looking for a job and putting daughter in daycare. Deposit and 1st week of daycare already paid just waiting on job. All of her family is back in MS.

What do I do? How do I get my daughter back, do I just drive down and get her? Need some guidance pretty fast.

Thanks.

 

[Ohiogal]

Petition IMMEDIATELY to have your daughter returned to you in North Carolina. And ask for a restraining order -- IF it has not been already issued -- prohibiting either parent from removing the child from the court's jurisdiction except for vacations. She filed in NC? If there is already a restraining order, file a Motion to show cause and a motion for custody due to her removing the child.

 

[dadneedingchild]

Yes, she did file in NC. Is this something that I can just go to the courthouse to do or do I need an attorney immedietly for this. Obviously I'm going to need an attorney, but I hate to either A spend a week finding an good attorney when its simple process I could have done myself or b grab the first guy I can find and have it bot be a decent attorney.

 

[Ohiogal]

Yes, she did file in NC. Is this something that I can just go to the courthouse to do or do I need an attorney immedietly for this. Obviously I'm going to need an attorney, but I hate to either A spend a week finding an good attorney when its simple process I could have done myself or b grab the first guy I can find and have it bot be a decent attorney.

You can do it pro se. Some courthouses have forms; others do not. Look online to see if your county courthouse has the forms.