How can I enforce my rights and can a parent kidnap a child?

[boilingpots]

What is the name of your state (only U.S. law)? NC

My pregnant wife left with out 2 yr old to her parents house in Florida Dec 15 2012. She was having complications with her pregnancy and said she needed her parents help because she and I work fulltime. She works from home so she can work anywhere, basically.

The night before I was scheduled to come down for Christmas she tells me not to come and accuses me of child abuse. I then get a call from child services requesting an interview. They subsequently closed the case as they found no evidence I was an abuser or unfit parent.

She has remained in Florida with our child. She has said I can come and visit them but can only spend time with the child under her supervision.

I do not want her to establish residency in Fla and adjudicate a divorce there. I also do not want to be the one to file for divorce here in NC.

If I am able to get alone with the child, can I be charged with kidnapping if I bring her back home to NC? How can I enforce my rights if she refuses to let me see the child?

 

[Proserpina]

What is the name of your state (only U.S. law)? NC

My pregnant wife left with out 2 yr old to her parents house in Florida Dec 15 2012. She was having complications with her pregnancy and said she needed her parents help because she and I work fulltime. She works from home so she can work anywhere, basically.

The night before I was scheduled to come down for Christmas she tells me not to come and accuses me of child abuse. I then get a call from child services requesting an interview. They subsequently closed the case as they found no evidence I was an abuser or unfit parent.

She has remained in Florida with our child. She has said I can come and visit them but can only spend time with the child under her supervision.

I do not want her to establish residency in Fla and adjudicate a divorce there. I also do not want to be the one to file for divorce here in NC.

If I am able to get alone with the child, can I be charged with kidnapping if I bring her back home to NC? How can I enforce my rights if she refuses to let me see the child?

As it stands you both have equal rights to the child. Why don't you want to file for divorce? Surely that's a better option than playing ping-pong with the child?

 

[Antigone*]

What is the name of your state (only U.S. law)? NC

My pregnant wife left with out 2 yr old to her parents house in Florida Dec 15 2012. She was having complications with her pregnancy and said she needed her parents help because she and I work fulltime. She works from home so she can work anywhere, basically.

The night before I was scheduled to come down for Christmas she tells me not to come and accuses me of child abuse. I then get a call from child services requesting an interview. They subsequently closed the case as they found no evidence I was an abuser or unfit parent.

She has remained in Florida with our child. She has said I can come and visit them but can only spend time with the child under her supervision.

I do not want her to establish residency in Fla and adjudicate a divorce there. I also do not want to be the one to file for divorce here in NC.

If I am able to get alone with the child, can I be charged with kidnapping if I bring her back home to NC? How can I enforce my rights if she refuses to let me see the child?

You really need to think of what is best for the child. Putting the child in the middle of a dramatic event such as you are planning in not in his/her best interest.

You need to file for Divorce in North Carolina. You also need to request through the courts that the child be returned to NC as well. You should obtain an attorney and handle this sooner rather than later.

 

[boilingpots]

I don't want to file for divorce at this point because I believe the marriage can be salvaged. But at the same time I do not want to remain too passive so she can claim "Look he didnt even come see the child". I certainly do not want to risk her gaining residency in Florida and if she came close to meeting the residency requirements I would be forced to file here if she did not come back.

Can I petition a NC court for custody which would preclude her from simply taking the child back to Florida when I wasnt looking?

 

[TheGeekess]

I don't want to file for divorce at this point because I believe the marriage can be salvaged. But at the same time I do not want to remain too passive so she can claim "Look he didnt even come see the child". I certainly do not want to risk her gaining residency in Florida and if she came close to meeting the residency requirements I would be forced to file here if she did not come back.

Can I petition a NC court for custody which would preclude her from simply taking the child back to Florida when I wasnt looking?

Self-help links, information about NC court system
http://www.nccourts.org/

Quick information on Child Custody in NC

http://www.ncbar.org/media/75125/childcustody.pdf

Child Support Enforcement
http://www.ncchildsupport.com/

 

[LdiJ]

I don't want to file for divorce at this point because I believe the marriage can be salvaged. But at the same time I do not want to remain too passive so she can claim "Look he didnt even come see the child". I certainly do not want to risk her gaining residency in Florida and if she came close to meeting the residency requirements I would be forced to file here if she did not come back.

Can I petition a NC court for custody which would preclude her from simply taking the child back to Florida when I wasnt looking?

If you were actually separated you could file for custody. However, if you persuade her to return, and are living together working on the marriage, then no.

Could you have provided more "help" to your wife so that she wouldn't have felt that she needed her parents to help her through a complicated pregnancy?

 

[Just Blue]

What is the name of your state (only U.S. law)? NC

My pregnant wife left with out 2 yr old to her parents house in Florida Dec 15 2012. She was having complications with her pregnancy and said she needed her parents help because she and I work fulltime. She works from home so she can work anywhere, basically.

The night before I was scheduled to come down for Christmas she tells me not to come and accuses me of child abuse. I then get a call from child services requesting an interview. They subsequently closed the case as they found no evidence I was an abuser or unfit parent.

She has remained in Florida with our child. She has said I can come and visit them but can only spend time with the child under her supervision.

I do not want her to establish residency in Fla and adjudicate a divorce there. I also do not want to be the one to file for divorce here in NC.

If I am able to get alone with the child, can I be charged with kidnapping if I bring her back home to NC? How can I enforce my rights if she refuses to let me see the child?

I agree with every other Member. You should file a motion for the child to be returned, or, if you can have an attorney do so DO. DO NOT remove the child in the way you stated above. Do the RIGHT thing.

Good luck

Please keep us posted how your situation develops.

Blue

 

[Antigone*]

I agree with every other Member. You should file a motion for the child to be returned, or, if you can have an attorney do so DO. DO NOT remove the child in the way you stated above. Do the RIGHT thing.

Good luck

Please keep us posted how your situation develops.

Blue

He certainly could do that, but I'd like to know how he intends on caring for the child all alone since apparently he isn't even able to help with the care of his pregnant wife?

Is he ready to be a single dad?

 

[boilingpots]

Yes I guess I could have been a "better husband" and provided more "help" but considering I already do 95% of the housework and work fulltime, I am not physically capable of doing all that and watching a 2 yr old all day long.

For reasons unstated, I believe the best thing for the child is to be here at home with her father. I don't foresee any "drama" in getting her back here that the child would have to witness.

If I petition a court in NC to have my child brought back to NC how would that be enforced? is a court order from one state enforceable in another?

 

[SESmama]

Yes I guess I could have been a "better husband" and provided more "help" but considering I already do 95% of the housework and work fulltime, I am not physically capable of doing all that and watching a 2 yr old all day long.

For reasons unstated, I believe the best thing for the child is to be here at home with her father.

OK, I am confused. You state you cannot physically do 95% of the housework, work full time, and take care of a 2 year old all day long. However, that is EXACTLY what you are looking to do. Are you trying to force your wife back home? That you canNOT do. You can request the CHILD be returned but not your wife.

 

[Silverplum]

OK, I am confused. You state you cannot physically do 95% of the housework, work full time, and take care of a 2 year old all day long. However, that is EXACTLY what you are looking to do. Are you trying to force your wife back home? That you canNOT do. You can request the CHILD be returned but not your wife.

Obviously, he would utilize daycare, like any single parent.

 

[Just Blue]

Yes I guess I could have been a "better husband" and provided more "help" but considering I already do 95% of the housework and work fulltime, I am not physically capable of doing all that and watching a 2 yr old all day long.

For reasons unstated, I believe the best thing for the child is to be here at home with her father. I don't foresee any "drama" in getting her back here that the child would have to witness.

If I petition a court in NC to have my child brought back to NC how would that be enforced? is a court order from one state enforceable in another?

I "remove" my good luck and suggest you seek an attorney in your ,,,situation.

 

[wavehopper27]

Be careful,

Once the child lives in Florida for 6 months, Florida will be considered the home state and that is where you will need to go for any court issues related to custody and visitation. Once NC courts issue orders, NC will keep jurisdiction as long as you live there and she will have to come there for custody / visitation issues.

The same holds true for divorce. If she lives in FL long enough to establish residency and files for divorce, thats where you will have to go for court. If you file before she can establish residency, she will have to travel to NC.

Time is not on your side. If you are going to act, you need to do it sooner rather than later.

 

[Isis1]

i'm going to echo alot of the others.

this is from your own posts. you aren't ready for a divorce. she is. she moved out of state. and she is trying to state you have no rights to your child by supervising any visitation. dude. wake up. file for the divorce. request the court to order the child be returned to the jurisdiction immediately.

my own mother played this game on my stepfather when i was in my teens. screwed him over. be proactive. don't let your wife put this distance between you and your children.

 

[LdiJ]

i'm going to echo alot of the others.

this is from your own posts. you aren't ready for a divorce. she is. she moved out of state. and she is trying to state you have no rights to your child by supervising any visitation. dude. wake up. file for the divorce. request the court to order the child be returned to the jurisdiction immediately.

my own mother played this game on my stepfather when i was in my teens. screwed him over. be proactive. don't let your wife put this distance between you and your children.

Depending on how pregnant she is, it may be inevitable with the new baby. He doesn't have any leverage there.