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I need to know if my ex-wife can take my children out of…

Customer Question
I need to know...

I need to know if my ex-wife can take my children out of school and state without notifying me if we have joint custody

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

The children live in North Carolina

Lawyer's Assistant: Has anything been filed or reported?

Not yet, I'm bothered that this is not a rational decision to not notify me of any aspect of this, the kids told me... she has yet to say anything

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wouldn't know what to tell them

Submitted: 6 months ago.Category: Family Law
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Answered in 20 minutes by:
3/14/2018
Family Lawyer: Michael Bradley,
 replied 6 months ago
Michael Bradley
Category: Family Law
Satisfied Customers: 1,929
Experience: Owner at The Protection Group LLC
Verified
Is there a formal custody order in place through the courts?
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Customer reply replied 6 months ago
I have the decree and petition in pdf format if that helps but I'm not willing to spend any money without some semblance of a competent methodology in determining the legality of this concern.
Family Lawyer: Michael Bradley,
 replied 6 months ago
If there is a valid court order in place with regards ***** ***** custody of the children, then no, she absolutely cannot remove the children from school or leave the jurisdiction without your approval and if not your approval a court order. If she tries to take the kids out of the jurisdiction without a court order or your approval, then she could theoretically be looking at criminal charges of kidnapping. If she is serious about removing the kids and leaving the jurisdiction, I would strongly suggest filing a motion for contempt and get in front of a judge as soon as possible so that your rights are protected
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Customer reply replied 6 months ago
It's not permanent, she's not moving them (I don't think)... she's vacationing with them but it doesn't feel right... she made no mention of it at all. She took them from school and is leaving in the middle of the week... is that the same or should I still be worried? I feel that this is wrong.
Family Lawyer: Michael Bradley,
 replied 6 months ago

I would first contact the school to make sure she has not tried to remove them from school

her not mentioning anything is odd to me since you have joint custody

I do not trust anyone who fails to communicate

you could file a motion for contempt since she did not tell you they were leaving or where they were going

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