What can I legally do to keep the mother of my son from moving out of the state with him?

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What can I legally do to keep the mother of my son from moving out of the state with him?

We have mediation set up for late next month. She has recently left her husband, and now I think she may secretly be back with him and plan to move to CA. He is military, she has said she wanted to leave twice, and left once. This is the worst situation for my son. I think she may be trying to leave the state before our mediation takes place. Can I legally keep him until mediation since my name is on the birth certificate and we have no custody set up yet? I’m worried for my son and it would killme for him to be all the way across the country from me.

Asked on June 16, 2011 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for yout situation  What you need to do is to go to court and bring an emergency petition for temporary custody of your son lending the mediation.  Although I am not familiar with the custody laws in your state in particular, every state has a mechanism for emergency temporary relief in cases where there can be immediate harm or a violation of the law with regard to the rights of the children and their parents.  So go and seek help in bringing the necessary petition before the court.  But be sure that the information you have stands up as proof of the matter before the court.  Good luck to you.


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