How doI get my wife to obey a custody order ifI live out-of-state?

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How doI get my wife to obey a custody order ifI live out-of-state?

I have a NC custody order giving me primary care of my daughter. Her mother lives in Florida and currently has our daughter and will not comply with the order. She is already in contempt of court, per NC law, but because she lives in FL she seems to think that there’s nothing NC can do. I’m almost afraid that she’s right. How do I get my daughter back being that I’ve already gone through the proper legal channels?

Asked on January 19, 2011 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

What do you mean when you say that you have already gone through the proper legal channels?  Do you have an attorney?  Then you need to get one.  If she took your daughter out of state without an intention to return her to you she is kidnapping, plain and simple, if the order of custody is as you have stated here.  Visitation is one thing.  This is another.  You need to get some help here in retrieving her from her in Florida.  Self-help - doing it yourself- is not advisable.  The measures that you will need to take will seem drastic but that is what you will have to do.  Good luck to you.


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