Need serious help.

[Primetime2]

What is the name of your state? North Carolina

According to my child support orders my ex wife was granted "the care, custody and control" of our two children, ages 6 and 11. It also clearly states my visitation rights of every other weekend, outline for holidays, and three week summer visits. She has just remarried (yesterday) to an active military member and has been telling everyone except me they are moving to Italy. It's obviously not feasible for her to fulfill the visitation rights outlined. In addition, this, in my opinion, would cause more harm to the well being of the children. They know absolutely no one in that country. All of their family is in this town. They would be completely uprooted from everything they've been accustomed to. I previously asked her if she was planning to move and she told me she didn't know what she was going to do, that was about one month ago. Today, I hear her last day on her job is Friday and she's planning on leaving the country next week. Her sister said they don't communicate any longer and she just found out about the wedding today. It seems things are suddenly progessing too quickly and feel something is not right. I have yet to hear anything from her. I have been told to file an ex parte order to gain tempory custody to prevent her from taking the children. What rights do I have in this matter?

 

[acmb05]

What is the name of your state? North Carolina

According to my child support orders my ex wife was granted "the care, custody and control" of our two children, ages 6 and 11. It also clearly states my visitation rights of every other weekend, outline for holidays, and three week summer visits. She has just remarried (yesterday) to an active military member and has been telling everyone except me they are moving to Italy. It's obviously not feasible for her to fulfill the visitation rights outlined. In addition, this, in my opinion, would cause more harm to the well being of the children. They know absolutely no one in that country. All of their family is in this town. They would be completely uprooted from everything they've been accustomed to. I previously asked her if she was planning to move and she told me she didn't know what she was going to do, that was about one month ago. Today, I hear her last day on her job is Friday and she's planning on leaving the country next week. Her sister said they don't communicate any longer and she just found out about the wedding today. It seems things are suddenly progessing too quickly and feel something is not right. I have yet to hear anything from her. I have been told to file an ex parte order to gain tempory custody to prevent her from taking the children. What rights do I have in this matter?

First of all I would verify t hat what you are hearing is true. I am not sure what apaers you would need to file to prevent her from taking the children out of the country but I am sure someone else will be along shortly to assist.

 

[Ohiogal]

Did she file a notice of relocation with the court and serve you with a copy? If not march into court today and file a restraining order prohibiting the children from being removed from the court's jurisidction. For the children to travel out of the country they will need a passport and notarized permission from the non traveling parent. (My ex was stopped three times and asked for permission to travel with our daughter to Canada and he is Canadian and my daughter is dual -- passport not necessary for her.) But still, go to court. File for it TODAY on an ex parte motion explaining to the court what you have been made aware of.