After a particularly bad fight with my husband (who was out of state for 2 months and due to return that day) I packed up some belongings and brought my children to visit my family in IN. He immediately harassed me and my family because he knew that was where i was going- I have texts from myself and texts he sent my family to prove as much. A few days later he filed a civil complaint and an ex parte custody order on the grounds that I fled NC to avoid jurisdiction (which is not true). He has cut me off financially ( canceling CC, moving money from checking to savings, changing login info), I have no way to pay a retainer and don't know what this means for me once i return with my children to NC. Do I have to give them to him or can I keep them with me until the hearing? I allow the kids to speak with him every night and he blatantly bribes them with toys, video games, tvs and is being very manipulative, which I have recorded. I have no job there, now no home, and the attorney i spoke with told me the custody cases are backed up by nearly 2 years. How likely is the judge to allow them to return with me to IN with family and a part time job?
You have to do whatever the emergency order states. It probably grants dad custody until further review by the court. At the review hearing the judge will likely enter a temporary custody order. It's impossible to predict what a judge is going to do, but I have never seen a judge agree to let kids move out of state if the parent remaining in NC objects. In fact, I've had a few local judges tell me that they don't care if the moving parent gets a job paying a million dollars a year and the kids will have a far better standard of living -- if the move is going to make it harder for a parent who wants to see the kids to exercise regular visitation, it's not going to happen. You need to consult with an attorney in the county in which the case was filed to get a feel for what those judges do with relocation cases.
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