[kellymiller75]

My ex husband and I have been divorced for 8 years from the state of North Carolina. He retired last month there out of the Marine Corps. Since our divorce I have had primary custody of our 3 children him having visitations. 6 years ago I remarried a Army soldier and moved from north Carolina, with his approval, first to Europe, then, Louisiana, and now we are in Indiana. 2 summers ago our son Talon who is now 14 asked to go live a year with my ex in North Carolina and we always agreed at 13 to listen to the kids and try. I maintained custody the whole time and we agreed every summer to talk through what would happen year by year. Well this summer our son said he wanted to come back home at least a year and maybe rotate see what happens. Behind all our backs my ex-husband went to a lawyer in North Carolina and got a judge to give him temp custody of Talon until had a formal hearing over riding our divorce papers. Today I received the order in the mail was not even served and my son is so upset. I am now a resident of Indiana and I am not sure what I am suppose to do or how to proceed with this... PLEASE if anyone has any advice. Thank you Kelly Miller

[ScottGem]

What is abnormal?

What order did you receive? The temp custody order or something more permanent?

Since the original order was in NC and your ex still lives in NC then NC has jurisdiction. So if you want to fight this you have to go to NC. If you got notice of the temp order, then there should be notice of a hearing date. You can contact the court and ask to appear by telephone or plan to make a visit.

If what you received is a permanent order changing custody, then you can petition to have it vacated since you were not informed about a hearing.

I would suggest you retain an attorney with a NC affiliate.

[Fr_Chuck]

Agree, this is actually very normal, if the boy was to go live in NC with dad, that is the legal procedure, Dad gets temp legal custody,

So if you don't agree, you hire an attorney in NC and fight it.