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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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My wife and her mother put our two sons, age 10 and 6 in our

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My wife and her mother put our two sons, age 10 and 6 in our only car yesterday while I was inside our apartment and drove across the state line from NC to SC where she had without my knowledge or our sons knowledge, filed for a NC divorce, already leased a house in SC, found a waitress job, and enrolled our sons in a SC school to begin next Monday. I was not given an opportunity to say goodbye to our sons nor were my parents with whom we are temporarily living in their first floor apartment. She said she was given "temporary custody" of the boys until such time as we can schedule a hearing for custody. I have not been served with any papers and have not been shown the "temporary custody" document that she claims to have. I notified the police immediately and they have been trying to locate her car in both NC and SC with no success.
She hid both sets of keys to my parents' cars so I could not follow her. We found the keys several hours later in the microwave where she knew we would discover them after she was safely out of state.
I have never been abusive and have always treated my wife and boys well in our 17 years of marriage. She left quickly so there was no time to take their clothes, toys or their pet cats. I am heartbroken as are the boys' grandparents who had a loving relationship with the boys and with my wife and me. Both my parents are elderly and disabled.
My wife has been in an adulterous relationship with another man in SC for about 2 years and I don't want my boys placed in the middle of that situation since the man has been convicted of drug and alcohol abuse and is a disbarred attorney. It is possible that my wife will marry him once our divorce is finalized.
My question is: Do I have a legal right to go to SC on Monday and remove the children from the public school and return them with me to NC? If so, what legal papers should I take with me to present to the school?

Brian
Submitted: 2 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

My wife and her mother put our two sons, age 10 and 6 in our only car yesterday while I was inside our apartment and drove across the state line from NC to SC where she had without my knowledge or our sons knowledge, filed for a NC divorce, How did you learn of this filing? already leased a house in SC, found a waitress job, and enrolled our sons in a SC school to begin next Monday. I was not given an opportunity to say goodbye to our sons nor were my parents with whom we are temporarily living in their first floor apartment. She said she was given "temporary custody" of the boys until such time as we can schedule a hearing for custody. I have not been served with any papers and have not been shown the "temporary custody" She is probably lying about that.

document that she claims to have. I notified the police immediately and they have been trying to locate her car in both NC and SC with no success.
She hid both sets of keys to my parents' cars so I could not follow her. We found the keys several hours later in the microwave where she knew we would discover them after she was safely out of state.
I have never been abusive and have always treated my wife and boys well in our 17 years of marriage. She left quickly so there was no time to take their clothes, toys or their pet cats. I am heartbroken as are the boys' grandparents who had a loving relationship with the boys and with my wife and me. Both my parents are elderly and disabled.
My wife has been in an adulterous relationship with another man in SC for about 2 years When did you learn of this?

and I don't want my boys placed in the middle of that situation since the man has been convicted of drug and alcohol abuse and is a disbarred attorney. Lovely. Has he been convicted of drug use? Drug possession? Distribution? Where did you learn of this?

It is possible that my wife will marry him once our divorce is finalized.
My question is: Do I have a legal right to go to SC on Monday and remove the children from the public school and return them with me to NC? If so, what legal papers should I take with me to present to the school?
Please answer the above questions for some clarification, so I can most accurately answer this question.

Thanks!
Customer: replied 2 years ago.

Your Expert needs more information

From AlexiaEsq.

Saturday, October 01, 2011 9:57 AM EST

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

My wife and her mother put our two sons, age 10 and 6 in our only car yesterday while I was inside our apartment and drove across the state line from NC to SC where she had without my knowledge or our sons knowledge, filed for a NC divorce, How did you learn of this filing?

She left a note stating that she had temporary custody, The only method available in NC is for her to have claimed phisical abuse or child endangerment (neither of which are the case) A B50 filing can also grant temporary custody to prevent a parent from transport kids accross state lines. I have learned that if she filed a B50 without cause, I can request a De Novo hearing to reverse that order.

already leased a house in SC, found a waitress job, and enrolled our sons in a SC school to begin next Monday. I was not given an opportunity to say goodbye to our sons nor were my parents with whom we are temporarily living in their first floor apartment. She said she was given "temporary custody" of the boys until such time as we can schedule a hearing for custody. I have not been served with any papers and have not been shown the "temporary custody" She is probably lying about that.

A normal custody hearing would occur within 10 days of filing before a determination could be made.



document that she claims to have. I notified the police immediately and they have been trying to locate her car in both NC and SC with no success.
She hid both sets of keys to my parents' cars so I could not follow her. We found the keys several hours later in the microwave where she knew we would discover them after she was safely out of state.
I have never been abusive and have always treated my wife and boys well in our 17 years of marriage. She left quickly so there was no time to take their clothes, toys or their pet cats. I am heartbroken as are the boys' grandparents who had a loving relationship with the boys and with my wife and me. Both my parents are elderly and disabled.
My wife has been in an adulterous relationship with another man in SC for about 2 years When did you learn of this? I caught her spending the night at his house and she has admitted a long term sexual affair that I have a good case for Alienation of Affection and Criminal Conversation in NC

and I don't want my boys placed in the middle of that situation since the man has been convicted of drug and alcohol abuse and is a disbarred attorney. Lovely. Has he been convicted of drug use? Drug possession? Distribution? Where did you learn of this?

The arrest led to him to rehab for 6 months and being on probation for a year. During that time he has been extremely delinquent in child support and is in violation of probation.
It is possible that my wife will marry him once our divorce is finalized.
My question is: Do I have a legal right to go to SC on Monday and remove the children from the public school and return them with me to NC? If so, what legal papers should I take with me to present to the school? Please answer the above questions for some clarification, so I can most accurately answer this question.

Thanks!

Expert:  AlexiaEsq. replied 2 years ago.
OK, thank you, XXXXX XXXXX apologize for the delay, it was a bit difficult to dig out your responses from mine. I am also so sorry for your troubles here - it is so disturbing.

With regard to your post:


Do I have a legal right to go to SC on Monday and remove the children from the public school and return them with me to NC? If so, what legal papers should I take with me to present to the school?

If there is no court order to the contrary, yes. And there is no reason to believe there is one, since you haven't been presented with one. As of now, apparently have 100% parental rights, since there has been no court order to the contrary. The only thing you DO have is the birth certificate showing you to be the father, so I'd take that and show the school if they give you a problem. If they refuse to do so, simply because the mother said, "don't let anyone remove them from school" - you can't use self-help but you can go to the police in SC. If they will not accompany you to the school (and by then the mom may be there, so they will likely not do anything at that point) you may want to file an emergent motion for custody and an order that they immediatley be released into your care to be returned to NC. You'd need that from the NC court that has jurisdiction over the children. SC should obey it.

If you have concerns that she may have gotten an Order as she stated, despite the lack of service, you can go to the court and inquire, perhaps while filing your own emergent motion for custody and return of children. If you get the latter, and she doesn't return them, she may be prosecuted for custodial interference, etc. If you get the Order on your motion, you can then take that to the school or the SC authorities for release of the children. It just depends on which method you want to choose first.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.


AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11742
Experience: 19+ Years of Legal Practice in Family law matters.
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