Legal Question in Family Law in North Carolina
Leaving country
Divorced last year, remarried in Oct. to an Australian citizen. I have 2 kids(17 & 11), which I have custody of, but they visit their dad every other weekend. My ex doesn't pay any kind of support for them.The kids don't like going there. They had heard that you could divorce parents and wanted to do that with their dad, but if I decided to leave the country taking them with me, what legalities would I run into? What processes do I need to follow to do this properly & without alot of hassels?
1 Answer from Attorneys
Re: Leaving country
"...without a lot of hassels". You already know domestic law
is all about hassels. Custody order allows you
to plan for the children. The Order may or may not contain
some wording about whether you can take the
children away from the state without prior notice
he father. He may have visitation provision which
would allow him to apply to the court for
prohibition or contempt. If he is behind in
child support you could go to child support
enforcement for an enforcement action on their
behalf. It may be that if he was agreeable to
the move you would not go to child support to
ask for enforcement action and arrearages. Be
very careful how you play that card. It is
an ironic rule that all non-paying parents get angry
when they feel they are being threatening or
cut off from the children they have not been paying for.
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