Many of the divorce proceedings that take place in Charlotte get very emotional, particularly when there are children involved. For those parents who fear the possibility of losing custody of their kids, the temptation to flee with them may be strong. At the same, the parent being awarded custody may have concerns about his or her ex’s likelihood to do such a thing. While child custody determinations are recognized across most state boundaries, the process of locating the fleeing parent and the children can be time-consuming. Plus, such an ordeal can exact a great toll on the children.
If you’re concerned that you’re ex could pose a flight risk with your children, the state does offer you a way to remove the children from his or her custody before anything happens. According to North Carolina General Statute § 50A-311 as shared by NCLeg.net, the court may make the decision to issue a warrant to remove your children from the custody of your ex. You would need to file a petition with the court stating your concerns. In order for a warrant to be executed, the state must have sufficient to prove that your ex could potentially take your children out of the state or that they are in imminent danger while under his or her care.
If it’s believed to be necessary, the court may also rule to allow law enforcement to forcibly enter your ex’s private property at any hour in order to retrieve the children. Your ex will also be given a copy of the petition and the warrant upon the removal of the kids.
While the steps described above are not meant to serve as a call to legal action, understanding them could potentially save you and your children the heartache of having to endure a manhunt.