We have gone to mediation but the agreement was Not signed since we didn’t agree on the modifications , I will start new job out of state in June . I just found out today that my ex has started a new job in another state without notifying me ( has move out of state). He is not communicating now . Do I take him before a judge to get a custody agreement or do I just leave with the kids this summer , will I be held for kidnapping since he doesn’t seem interested , he has abandoned them. thanks
That's an interesting question. It's not kidnapping. Typically in these scenarios we have one parent staying in NC and one parent leaving. In that case, the parent remaining in NC can file for and obtain emergency custody of the children and prevent the relocation. In your scenario, dad could still technically file a motion for emergency custody in NC but it's a different case when neither parent remains in NC. If he is completely out of the picture, you're probably fine to leave with the kids. Once all parties and the children leave NC and once the children are in another state for six months, your new state obtains jurisdiction over custody issues. You would then be free to file something there if necessary.
I agree with attorney Killian and I would add that you should be sure to keep him informed of where you and the children are.
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