Held Captive in NC

[HeldCaptive]

My sister lives in North Carolina with her two children. She moved down there almost two years ago, after having been promised marriage and a house by her children's father. Six months after her move and having never married her, he left her and the children. She has been on her own struggling to make ends meet since January of this year and wishes to return to NYC, where she will receive assistance from her immediate family until she is back on her feet. However, the father of the two kids says that he will not permit her to take the children with her. My sister has full custody of the oldest child but has never gone to court for the second, a 6 year old boy. She has been beaten, harassed at work and home, humiliated in public, stalked and threatened by this man but has always been too afraid of him to file a report with the police because he is in the Army. Now, after a year of struggles, he refuses to let her come home to NY with her kids. She has been told that if she leaves NC with the children without his written and signed consent, she could be accused of kidnapping. Is this true? How can we safely get my sister and her children back home?

[IsabellaSoriano]

Originally Posted by HeldCaptive

My sister lives in North Carolina with her two children. She moved down there almost two years ago, after having been promised marriage and a house by her children's father. Six months after her move and having never married her, he left her and the children. She has been on her own struggling to make ends meet since January of this year and wishes to return to NYC, where she will receive assistance from her immediate family until she is back on her feet. However, the father of the two kids says that he will not permit her to take the children with her. My sister has full custody of the oldest child but has never gone to court for the second, a 6 year old boy. She has been beaten, harassed at work and home, humiliated in public, stalked and threatened by this man but has always been too afraid of him to file a report with the police because he is in the Army. Now, after a year of struggles, he refuses to let her come home to NY with her kids. She has been told that if she leaves NC with the children without his written and signed consent, she could be accused of kidnapping. Is this true? How can we safely get my sister and her children back home?

she needs to grow a pair and call the police if he is beating her. plain and simple.

[Ohiogal]

Then she needs to move back to NYC after getting a restraining order.

[CourtClerk]

Your sister has made bad decision after bad decision and now she's being "held captive?" I hardly think so. If she's being beaten, call the police. If she has sole custody of the first child, then she obviously knows how to go to court. Tell her to repeat that process for child #2. Do as Isabella said and grow a pair.

However, this situation is more her fault than you (or her) are willing to admit. So once she gets back to NYC, perhaps she should not make these decisions again.

[LdiJ]

Originally Posted by HeldCaptive

My sister lives in North Carolina with her two children. She moved down there almost two years ago, after having been promised marriage and a house by her children's father. Six months after her move and having never married her, he left her and the children. She has been on her own struggling to make ends meet since January of this year and wishes to return to NYC, where she will receive assistance from her immediate family until she is back on her feet. However, the father of the two kids says that he will not permit her to take the children with her. My sister has full custody of the oldest child but has never gone to court for the second, a 6 year old boy. She has been beaten, harassed at work and home, humiliated in public, stalked and threatened by this man but has always been too afraid of him to file a report with the police because he is in the Army. Now, after a year of struggles, he refuses to let her come home to NY with her kids. She has been told that if she leaves NC with the children without his written and signed consent, she could be accused of kidnapping. Is this true? How can we safely get my sister and her children back home?

You got good answers from everyone else, but I will add some information.

She has court ordered sole custody of the first child, and she has sole custody of the second child by default, as an unwed mother.

If she takes the children to NYC without dad's agreement she CANNOT be accused of kidnapping. That is a flat out lie. However, dad could rush to court, establish jurisdiction in NC and try to get a judge to order her to return the children to NC.

That is why it would be in her best interest to take it to court now, and get court permission to relocate with the children to NYC.

And again, if she is being beaten, she needs to call the police. She also may want to get assistance from a local women's shelter.

[xylene]

ADDITIONALLY

The fact that dad is in the Army is NOT a reason to fear him.

It is something she should utilize actively to get away from this man.

DV charges... guess what you have to have gun to be in the ARMY... and guess what DV chargesdo to that...

Unless by 'afraid' she means not wanting to hurt his career.