North Carolina Child Custody Legal Questions

It is important to maintain a relationship with your son. Get into court to get at least a temporary order of custody and visitation until a permanent one can be entered. You will have an opportunity through the hearing officer, evaluator, mediator, or judge to express your dislike of the practice of referring to step-dad as dad, and that can be part of the order.... Read More

The biological father does have rights, and he also has obligations to assist in the support of his offspring. Whether or not he is on the birth certificate is irrelevant. The various social services agencies are not interested in undertaking his responsibilities to support his child. That is the reason you are being compelled to seek to have him pay his share.... Read More

If the minor child has resided in North Carolina for the past six months and was taken by her father to another state, you can file your action in North Carolina.  In your action, you will request that the Court make certain findings, including that the State of North Carolina has jurisdiction over this matter and to make decisions concerning custody of your daughter.  It appears that you may have grounds for emergency custody given the facts.  Continue to keep an open line of communicate with your daughter and her father so you can provide detailed information in your legal action.  Try to reassure your daughter without discussing legal aspects of your case.  Document your requests that your daughter is returned to North Carolina and urge her father to put her needs first.  Speak with an attorney who regularly practices in your county since immediate legal action seems appropriate.  Good luck to you.         This response is for informational purposes only, does not represent legal advice nor should it be viewed as a substitute for legal advice.... Read More

The first important thing to know is that you cannot file for the divorce itself until 1 full year of separation - it sounds like you have another 7 months to go. If and when he gets out, if you ever have substantial fears or threats of harm for your safety or your children, you can consider filing for a domestic violence protection order.... Read More

There are actually numerous factors that a judge weighs in custody matters, with living quarters/environment but one such that this fact alone is not enough to advise too much here, but likely that he probably would not automatically lose custody or be deemed unfit. There are also plenty of single/separated parents who are in such dire financial straights that they have no choice but to rent a room or live in a smaller than ideal place or stay with a friend; but that doesn't mean they are bad parents or that they should be punished by taking custody away. That being said, if there is more to the store (e.g. this non relative is actually a new girlfriend and the way they fraternize around the child is improper, or the child's safety or health is a valid concern, or the place is SO small it is not even livable by 2 people, or they are living in such squalor that is a concern, etc), it is certainly worth raising such points and presenting your best evidence, witnesses, and legal arguments. You should definitely consult with an attorney if you are going to court on this.... Read More

You are definitely within your legal rights as the mother, but if he is not cooperating you can't force him to agree to things and that unfortunately means you will need to ultimately take this matter to court. And worse, in the state where the child currently resides. You should consult with an attorney, likely in that state, to get further more direct advise on your situation... Read More

If you are the mother of these children and never married you are essentially presumed to have legal custody of these children. Perhaps the better question would be how you would go about terminating the father's parental rights, or in the alternative, how you might seek child support from the father. The termination of parental rights would be the easier route because you will obtain the ultimate result you seek even though you don't know how to find this gentleman who fathered your children. That is because we can serve him by publication after attempting to serve him at his last known address. Of course, it is likely that he will not discover that you have your action following publication and accordingly will most likely be found in default for failing to answer your complaint. That makes terminating his parental rights much easier because the eventual hearing before the family court will essentially be uncontested. The downside is that you will not be able to request ongoing child support in the event the father's parental rights have been terminated, but there may be a way to collect retroactive support for that period of time between his leaving your kids' lives and the date we eventually terminate his parental rights. Of course, I have only provided you with you with very general information which is not intended as legal advice. Hence, no one should rely and act upon my commentary, but instead should directly consult with a attorney of his or her choosing before taking any of the legal steps discussed.... Read More