If my wife left the state with my 2 year old daughter, what steps should I take to get my daughter back?

She told me she wants to seperate because she likes just being alone.

Asked on November 7, 2012 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to file a proceeding for custody of your child.  Generally speaking, that has to be done in the state in which the child resides.  But this is technically an "abduction" of the child - she has no intent to return to the state.  So consult with an attorney abut an ex-parte petition for custody asap.  Good luck. 

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