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Maverick, Attorney
Category: Legal
Satisfied Customers: 6392
Experience:  20 years experience as a civil trial and appellate lawyer
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Hi Mary, My ex has temp custody of my son still, our custody

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Hi Mary,
My ex has temp custody of my son still, our custody hearing is calendared for end of July. Parent evaluator has recommendation that the minor child is not to move more that 20 miles from where he is currently living. My ex is planning on sending him to military school in VA this summer. I have only heard about this thru my son and have not been notified by my ex or his atty. Is this legal for my ex to take him out of the state? Is it possible to file an exparte to stop this?

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Is there a court order that says that the child cannot be taken out of state or more than 20 miles away unless permission is first sought from the court? If there is no such order, then you will need to file for one asap. You can do this by filing a petition to modify the existing temporary custody order and get a hearing date asap.



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Customer: replied 6 years ago.

there would not be enough time to file a motion and have it heard before my son would be leaving for VA. I do have a Motion for Temp Order already filed with the court to be heard at the same time of the custody hearing for non-relocation and enrolling of any school other than the one he is currently in, however that will not be heard until late July.


The docets are filled and I could not get an earlier date than that.


Any other ideas? I thought according to a NCGS that the parent had to petition the court to move the minor child out of state. Does that not apply in this case?

You can use an ex parte motion to obtain a temporary custody order or to modify the existing order if it is an emergency situation where the child is at risk or if the other parent is planning to leave the state to avoid jurisdiction. You will need to attach an affidavit to prove up the emergency.
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