NC Fathers

Mother moving out of the state with a child and custody

Mother moving out of the state of nc with a child and custodyBefore discussing the issue of a “Mother Moving Out Of The State of North Carolina With a Child“, it is important to note that NC Fathers is not a law firm, nor are we attorneys and you should not take this as legal advice. If you discover that the mother of your child is planning on leaving the State of NC with your child, or has already without your knowledge, then we suggest contacting a lawyer very quickly. As a father in North Carolina, you are well aware that after a divorce or separation, it is very common for the mother of children born to the marriage to want to leave the state to start a new life or be closer to family for support, even if that means alienating you and your extended family from your legal children. In fact, it is so common and acceptable, many mothers do it without even informing the father, and it is perfectly legal and accepted by the NC Courts. Here is the problem, after a divorce and separation and BEFORE a child custody hearing, BOTH parents have the legal right to do anything they want with a child including alienating the child from the other parent by moving from the State of NC. However, after almost a century of systemic bias in the NC family courts, you know that you have to walk on eggshells and watch every step you make while the mother is free to do largely anything she wants to because the courts have socialized mothers to believe that they will win virtually any child custody case. And, your thinking is very much aligned with the statistics. In an effort to make their case easier in the off chance a Judge does question why the mother moved from the State of North Carolina with the child, it is very common for a mother to tell a Judge that you were abusive to her or the child, at which point the child custody case will take on an entirely new life. Let us make this very clear, after a divorce involving children, it is very common and expected that a father will have a allegation of domestic violence leveled at him as a tactical advantage in future child custody hearing. And, because of the way that Domestic Violence cases are handled (preponderance of the evidence vs. innocent until proven guilty), the mother needs to have NO evidence of violence or witnesses to win this case and from there not only will she be allowed to leave the State of NC with the child, you, and everyone in the extended family will likely never have a normal relationship with the child again. In fact, because of federal Domestic Violence legislation, the definition of Domestic Violence includes ANY non-violent act in which a Woman “Feels” that she is in danger. This subjective definition of Domestic Violence is often how NC Judges find guilt in all Domestic Violence cases for which Mothers usually win.

Posts related to Mothers leaving the State of NC with children after a divorce or separation – NC Family Court Lawyers, NC Adoption Laws, NC Family Court Pay Wall

child custody and moving out of nc by the mother

NC Non-Custodial families should take a few moments to click on the RED and BLUE graphic below to get a reminder of just how biased the NC Family Courts are, and what they can do to help this organization change how the NC Family Courts deal with you. Many people believe that our organization is simply a Men’s Rights organization, but we want to remind any readers that each time a Father in NC is marginalized and alienated from his children, step-mothers, paternal grandmothers, female step-siblings, and other females in paternal families suffer equally. Therefore, this article is as much about women in paternal families who play a very real and significant role in children’s lives.

Mother

When a Mother Moves Out Of The State of North Carolina Prior To, Or After a Custody Hearing, TIME IS OF THE ESSENCE!

When a mother wants to leave the State of NC with your children after/before a child custody hearing it should be clear to everyone involved that her desire is to not co-parent a child with the father and is only interested in her new life and what best fits her life as it relates to her child. To her, Fathers are simply disposable. Unfortunately, Judges routinely refuse to see this and will often cite a right of the Mother to seek a reasonable new life with the child, one is which the non-custodial or paternal family should just expect. In fact, you may even be admonished for “standing in the way” in questioning this.

In our research, it is a very common tactic for a Mother to leave the State of NC with the children in hopes that it will take a significant amount of time to secure $7000 in retainer fees for an attorney, and allow for a Judge to rule that the Father did not act in a reasonable amount of time and therefore the Mother has established consistency for the child. Apparently, Judges and the NC Family Courts believe that every family in North Carolina has $7000 laying around that is disposable and that is dangerous thinking. In fact, we estimate that there are hundreds of thousands of Fathers in NC who never see their children against after a divorce simply because of poverty and inability to sustain a custody battle for which the mother obtains for free by default when she moves from the State.

NC Fathers believes that the best interest of children is always served by having two equally loving and attentive parents and extended families at their side, and any attempt to nullify this arrangement is child abuse. However, as you have probably already discovered, the NC Family Courts are setup to encourage parental fighting so that one parents wins the coveted rights of custody, while the other parent (and family) is marginalized to roles of visitors and payment providers.

Furthermore, it is not uncommon for Mothers to leave the State of North Carolina with children of the marriage voluntarily and then claim abandonment and seek the ready to serve services of food stamps, section 8 housing, educational assistance, medical assistance, TANF, and other ever growing social services programs one can imagine that are ready made for custodial mothers. And, did you know that your child support payments help trigger federal Title IV-D money to help pay for this?

Ending Abuse Of Mothers Who Move Out of the State of NC with Children Prior To a Child Custody Hearing

As stated earlier, for going on a century, the NC Family Courts have signaled and socialized mothers into believing that they will win everything they ask for in a child custody hearing and can only expect to lose by evidence of serious neglect or abuse. Absent that abuse or neglect, and the default is a mother win in court. NC Fathers believes that it is time to end this abuse and we are calling on NC’s 5.5 million citizens with direct ties to a NC paternal or non-custodial family to simply join our organization’s MAILING LIST and FACEBOOK PAGE to help us build a massive organization of voters that can help reform the NC Family Courts for the presumption of equally shared parenting. And again, this is not just for fathers, step-mothers, grandmothers, aunts, and close friends of non-custodial fathers play a significant role in this change because you are equally hurt by these actions. Please review our mission and GOALS and join us today.

Lastly, we ask that you share this article on “Mothers Moving Out Of The State of North Carolina With a Child” prior to a child custody hearing on the many social networking sites like Facebook, Twitter, and Google+ in an effort to help build awareness, activism, and help another non-custodial family spare intense grief that they could avoid in knowing this information.

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Learn more on the NC Fathers blog about the article entitled: <a href="http://ncfathers.wordpress.com/2013/03/20/mother-moving-out-of-the-state-nc-with-a-child-and-custody">Is the mother of your child leaving NC?</a>.
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March 20, 2013 - Posted by | Uncategorized

7 Comments »

  1. The mother of my child recently moved out of the State of North Carolina without telling me and by the time I got the money together to fight her in court and also find out where she was living, the courts overlooked this and said that because she had settled there then that is what is consistent. This is insane and you can count me in as a supporter.

    Comment by Concerned Father | March 30, 2013 | Reply

  2. I am so glad I found this site, my wife left our marriage while I was at work, left with our children and went to Kentucky to live with her parents and I am at wits end! How can a mother alienate her children from their father? Is there anything I can do?

    Comment by Thomas | March 31, 2013 | Reply

    • Thomas, when mothers move out of the state of North Carolina with children, they can do so legally because nobody has custody. You need to contact a law firm very fast because every day that she is there she is establishing consistency for the child. And when we say quickly, we mean quickly.

      Comment by stompkinsnc | March 31, 2013 | Reply

  3. There is a way this can be avoided. When writing up any paperwork make sure the stipulation that any party moving must give a written 60 day notice & yes, this includes moving from one side of town to the other. This amount of notice allows you to ask for an emergency hearing to keep your children in the state. We went through this in October. judge Seaton told the mother that the children are not allowed to reside outside of Onslow County. She believed it was an experiment on the mothers part and that she never thought about how detrimental it would be to the children and their relationship with their father. She took it a step further and said if you would still like to move I will turn custody over to their father right now. Mom decided to not move and 7 months later the children still have to live in Onslow County.

    Comment by Staci | May 21, 2013 | Reply

    • Staci, we agree that ALL custody orders should state this, but few do. And what happens when the person moving out of the State of North Carolina gives notice and the father is unable to come up with money to fight the process?

      Comment by stompkinsnc | May 22, 2013 | Reply

  4. Does anybody know not being married (girlfriend, child was born out of wedlock, then separated) affects the father’s rights in NC? also, separate unrelated comment, there should be a legal strategy tag on this site!

    Comment by joe | October 3, 2013 | Reply

    • Yes it does, very significantly. You need to hire a lawyer immediately.

      Comment by stompkinsnc | October 3, 2013 | Reply


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