North Carolina Child Custody Legal Questions

You’ll need to file for a formal custody order through your local North Carolina district court. Right now, because there’s no custody order in place, each parent technically has equal rights to the child, but the mother controls access by physical possession. Filing for custody allows a judge to set a clear, enforceable schedule and ensure your parenting time is protected. Given what you’ve described—your child’s mother’s DWI and child endangerment conviction, active probation, and recent mental health crisis—a court may find that it’s in your child’s best interest for you to have primary custody or, at the very least, unsupervised overnight visitation. Judges look at stability, safety, and consistent caregiving when making these decisions. You should start keeping detailed notes and proof of your involvement—receipts for items you buy, text messages, and any communications about visits. Then, contact a North Carolina family law attorney to help you file for custody and temporary visitation rights as soon as possible. Until there’s a court order, you don’t have an enforceable right to take your child for visits, so securing one is the best way to protect both your relationship and your child’s stability.... Read More

A paternity action can be commenced by the father of the child after the birth takes place. He would serve you with a paternity action, and this would cause the court to compel the parties to do a DNA test. If the DNA test comes back positive then the father would most likely request that he be granted either joint custody or visitation to him pursuant to his rights as a father to this child. You could countersue him for child support and sole custody if that's what you prefer. Sole custody is usually given to the biological mother when the child is of tender years. ... Read More

By "waiting to go to court", do you mean you filed an action, but the case hasn't been heard, or you haven't filed. If you haven't filed, do it ASAP. Document everything you do to try and see and speak with your daughter. You'll need evidence of your atttempts when you do get heard in court.... Read More

Both parents have equal rights to the custody/visitaition of their child, whether you are talking about the father or the mother.  If the other parent is not allowing you to see your child, your only real option is to file an action for custody/visitiation.  Once an action is file, the parties will have an opportunity to participate in child custody mediation where they may be able to settle the case.  If it can't be settled at mediation, a hearing will be scheduled and the Court will decide. The goal of any custody case is to get a custody order.  The custody order should set forth which parent is to have physical custody, howexchanges are to take place, holiday schedules, the rights of each parent to travel with the child, how decisions are to be made, and other considerations related to custody.   To ensure that your rights are being propertly protected and pursued, you should consider speaking with a local family law attorney who can assist you in the filing of a custody case.  ... Read More

It sounds like you may have grounds for a domestic violence protective order (also known as a 50-B or DVPO). If you have been assaulted or threatened recently, you may even be able to obtain a temporary restraining order until your case can be heard with the ex present. One important thing in these cases is that you must sepcifically list the things your ex has done to you, with dates and details that explain what happened. If you do not do this, the court must dismiss your case.  You should contact a local attorney or Legal Aid in your area for assistance. Having legal counsel is important to ensure your evidence is presented to the court in a manner that allows the court to consider it. Things such as text messages and recordings must have proper "foundation" in order to be considered by the court. ... Read More

Good question.  I strongly encourage you to seek legal counsel in your local jurisdiction for more detailed information on this complex area of law.   In short, there are protections in place which prevent a parent from removing a child from the state of North Carolina without permission from the court or from the other parent.  For a brief summary, check out our blog which discusses moving a child out of the state of North Carolina in child custody dispute.  NC statutes provide for an emergency action preventing parents from leaving the state of North Carolina with children and without permission.  The end result of such an action is typically an ex parte custody order granting the parent remaining in NC with custody of the minor children until a hearing can be had (which must be scheduled within 10 days of the order being granted) as well as a pick up order being issued which may provide for police assitance in retrieving the children at issue.   Hope this helps. Bill HunterHunter & Hein, Attorneys at Law, PLLC... Read More

Hey Devin, you will need to file a motion in the family court of the county you reside in, to contest the move of the children. You can't really stop the mother but you can try to stop the relocation of the children by using an experienced attorney or representing yourself in court. Feel free to contact my office and speak with a case manager for a general consultation. 1-877-866-8665... Read More

If someone is represented by an attorney, the attorney information should be available somehwere. They don't have to provide complete contact information, but the best way to see if they have an attorney or not is through the first paragraph which starts something like "Defendant XYZ by and through his/her counsel (name)...." This demonstrate that they have an attorney. Also, the signature at the end can also tell you. If you are representing yourself, you might be interested in our legal document drafting and educational services to best prepare yourself for custody battles in court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

It appears that the safety of the child is at concern here. You should go back to court and amend the court order to either supervised visitation in a public place or pick up / drop of at a Police Precint with Driving License and Car Seat inspected by a police officer. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

You will need to discuss the case details with a qualified attorney. There is very little information in your question to properly answer the question. How do I get temporary custody of my twin girls who are age 12 you have to petition the court based on the circumstances you are experiencing, whether you require an ex parte order or regular custody petition, a better assessment can be made after a consultation. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read More

The summary is not clear for a detailed response and analysis to your question. You will need to file in the court that has jurisdiction over your case. It is difficult to make that assessment from the information provided here. Please contact an attorney directly to go over your options. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager. ... Read More

Kailey, you do have a case, please contact an attorney directly to go over your options. Violence in front of the child is not in the best interest of the witnessing child. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

I would recommend immediately contacting a family law / child custody lawyer in your local area and at least having a consultation to learn about your basic options.  You may also find our blog on child custody procedure in North Carolina useful.  In short, if you and your girlfriend are not able to agree on the terms of a child custody arrangement for your child, then you aren't with much option other than to file a complaint for child custody.  The process for permanent custody typically takes 6 to 12 months, depending on which county you file in.  If you are being denied visitation of your child, you may qualify for a temporary parenting arrangement or temporary custody hearing.  The requirements for a temporary parenting arrangement or temporary custody can vary greatly from county to county, so again, it's importantt to contact an attorney in your local area.  Hope this helps.  ... Read More

If a decision has not been made on your case, you can petition the judge to remove himself from the case based on the grounds for having a personal interest.We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free 15-minute consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read More

Child Custody cases are not cheap. He can be threatening all he wants unless he finds an attorney that can try to get custody of your daughter. At that point, you will need to find a lawyer to defend you and keep your daughter with you. Custody cases normally start with $3,000.00 USD. Just wanted to give you this information as you mentioned you are with your mother so you can let her know how much the custody case might start with so that you and she best be prepared financially. However, since you have the child primarily, you will get sole-physical custody, and because he is the father he will get joint-custody with visitation. At least I hope this is what he gets, but it will depend on the attorney that is fighting for you and your daughter. As a mother, there are already many things in your favor in a custody case. It would just be a matter of who you decide to work defending and representing you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in North Carolina. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NC.... Read More

You have a very complex legal situation on your hands and I strongly encourage you to contact an attorney in your local area.  In short, if a parent is shooting up heroin when the children are in the house, my opinion is that the children are at risk of immediate bodily injury which would be grounds to file for emergency custody.   View one of our blogs for more on emergency child custody in North Carolina.  You may also consider contacting DSS.   It is difficult to give additional information here without more facts, but as grandmother, you would also have to establish standing for a custody action if you were the one filing (rather than a parent).  Hope this helps a bit. ... Read More

Thank you for asking. Please review the current custody order as it will dictate the course of actions that need to be taken for modification. Most of the time parenting orders have a clause that says if both parents can agree to different custody arrangements than, so be it. Otherwise, you might have to go through mediation or litigation (where the child is now court) to get the custody order modified. The way you presented your question, sounded like you and your ex-husband have no problem getting along as far as communication is concerned, therefore it would be safe to just go with the flow and have him bring the child over with a letter asking you to take care of the child from this point on. What will become of her schooling if she moves? You guys should let her finish her current school year and let her start the new school year at your place. If you like, you can email me the current custody order for general review at smsattorney@gmail.com and I will give you my analysis on it. Looking forward to hearing from you. Good Luck. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

Without additional information, this is a difficult question to answer.  On the face of it, you may have a chance to be awarded emergency custody given the fact that father is on the run due to criminal charges, and there is a risk of him attempting to take the child on the run with him.  The nature of the criminal charges could also have a big impact here.  Obviously a violent or sexual crime would create more concern than a possession of marijuana charge.  For more info, one of our blogs on emergency child custody in North Carolina may be helpful.    It is important that you seek competent legal advice in your local area when involved in a child custody dispute.  Most law firms offer reasonable consultation rates which would may help provide further guidance.  Hope this helps.  ... Read More

Good question.  Unfortunately, there is no easy answer here.  I recently wrote a blog on the topic of moving children out of the state which may help you understand the potential legal ramifications of moving out of state with children.  I strongly encourage you to seek an attorney in your local area to discuss your particular situation and the law in more detail.  In short, if neither father is involved and hasn't been involved for that many years, then you are unlikely to run into a legal issue.  We see issues arise when one parent leaves the state without the permission of the other parent or the court, and then the non-moving parent takes legal issue with the move. Assuming that neither father makes issue of your move, then legal problems shouldn't arise.  North Carolina will retain jurisdiction over the minor children for an initial child custody determination for six months (see the Uniform Child Custody Jurisdicton and Enforcement Act).  So if either father decides to take action in those first six months after your move, then NC will be the proper jurisdicton for the custody case.  Once you have been in the new state for longer than six months, the new state will become the state with proper jurisdiction to hear a custody dispute.  Please note that this is an oversimplication of complex law and should not be relied on as legal advice.  Hope this helps.  ... Read More

Did you request a Domestic Violence Protective Order when he assaulted you?  If you requested one, and went to court on the courtdate and received one, this should protect you, assuming that it mentions your child, and grants you custody of your child.  If you do not have a domestic violence protective order, or if it does not also grant you temporary custody of your child. You should immediately file a custody action in district court.  If you have no money to hire an attorney, you can file the action yourself without an attorney.  Some counties have pro-se custody packets that you can use to prepare your complaint, and gives you instructions regarding how to get your case filed and served.  It would definitely help you if you consulted with an attorney first, before you decide on your course of action.  The cost of the initial consultation would be worth the time and stress that you save in trying to figure all of this out yourself.  I hope this information helps . ... Read More

If you would like to change the current child custody order, you will need to file a motion to modify child custody, which requires you to show that, since the entry of the last order, there has been a substantial change in circumstances impacting the welfare of the minor child involved.  If you plan on representing yourself, I would suggest going to your local courthouse and seeking out the "Self-Serve" center which are designed to help pro-se litigants.  I cannot speak to all counties, but Mecklenburg county has a great self-serve center that has packets of information to help pro-se litigants with filing the appropriate paperwork in child custody disputes.  I have also recently written a blog on the topic of procedure in child custody cases which may help give you an overview of the basic process involved.   You may also consider filing for contempt (if you are being denied visitation that you are provided through a court order) and seek to have a temporary order put in place (based on the grounds that you are being denied visitation).  ... Read More

Good question.  NCGS 50-13.5(d)3 is the statute which allows for emergency child custody actions in North Carolina, and reads as follows: "A temporary order for custody which changes the living arrangements of a child or changes custody shall not be entered ex parte and prior to service of process or notice, unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts." I recently wrote a blog on the topic of emergency child custody actions in North Carolina which may shed some additional light on when emergency action is a appropriate and what procedures are involved.  In your particular situation, you would be proceeding under the premise that there is a "substantial risk of bodily injury."  As emergency actions greatly impact the rights of the other parent involved, these types of cases are not taken lightly by judges. here, the mere threat of beating your son with a wooden spoon may not be enough to give rise to an emergency action. However, sitting on the child and beating him could potentially give rise to an emergency claim, depending on the severity of the beating and how long ago the incident occurred (i.e., if this happened once 2 years ago, a judge isn't likely to agree with you that there is an ongoing emergency.  If you are concerned regarding the safety of your child, I strongly encourage you to seek immediate legal counsel regarding this matter.  Hope this helps.  ... Read More

Good question.  Like many legal questions, there is not a black and white answer here.  In the absence of a court order, technically each parent has an equal right to time with his or her child.  Moving out of state would have a significant impact on the Father's visitation rights here.  If you move without Father's permission and without a court order, you run the risk that father will file for emergency custody or non-emergency here in North Carolina.  Assuming you guys have lived in NC for the last six months, NC will continue to be the "home state" of the minor child for the purposes of initial child custody jurisdiction determinations under the Uniform Child Custody Jurisdiction and Enforcement act until you and the child have lived in the new state for at least six months.   I have recently written a blog which delves a bit more into the topic of moving out of state with children in child custody disputes.  In short, some of your options include: opening a child custody case here in North Carolina and asking the court to grant you permission to relocate; entering into an agreement/consent order with Father allowing you to move; or moving without permission of the court or Father and run the risk that Father will file an emergency action or initial custody action against you within six months of your move which would require you to attend court in North Carolina.  If North Carolina establishes jurisdiction in any scenario, it will maintain continuing and exclusive jurisdiction over your custody matter so long as Father continues to live here.  I strongly you encourage you to contact an attorney in your local area to discuss all of your options and the potential ramifications of each option in greater detail.  ... Read More