North Carolina Child Custody Legal Questions

Somebody has to file for divorce and custody, otherwise you will both be in this limbo until a court decides. If there is no custody order, then yes, he probably can enroll them in a different school. You may be able to get a court to remand that decision, but you will still have to go to court. So do it now. I suggest you talk with an attorney to determine what your options are.... Read More

Is there an order of Paternity? Is there a child support order? You have not really provided sufficient information to allow a thorough reply. You are always best served by discussing these matters with an experienced family law attorney. As a grandparent there are actions you could take through the court. A.R.S section 25-409 sets out the rights of third parties with respect to minor children.... Read More

In NC, paternity tests can be court ordered, including both sides needing to participate. But this does mean you need to go to court. And if you are out of state, that can make it more complicated and/or expensive. If you are asking about the laws of Arkansas or Texas, than I cannot advise.... Read More

It sounds like there has been a material and substantial change in circumstances, so you should file a motion to modify the custody arrangement. And while you are at it, ask for child support as well. Do it now, before you move. Also, you should get an attorney if you want it done right.... Read More

I'm sorry to hear that. It sounds like you must not have an official written agreement or court order in place that gives you such rights because if you did, you would want to go to court for a violation or to otherwise enforce the agreement. If you only had a verbal arrangement or perhaps none at all, and she is no longer cooperating with you, you need to file a lawsuit for custody/visitation. You should consult an attorney right away to assist you with that. You can also look into some of the pro-se (do-it-yourself) custody forms that many counties have and which can often be used for any county so long as you change the county name at the top, but you should still contact an attorney to review those forms and other consulting before actually filing to make sure you are on the right path, etc.... Read More

Yeah - you don't get to do that. If you could do that, people like you would avoid paying child support by simply giving up their parental rights. As to the Aunt not letting you see the kids - here's how you may be able you get out of paying the child support. Get in touch with Auntie tell her you are going to petition the Court to force her to give you visitation. Unless you are a crack whore the court will make her allow you visitation. She probably won't like that none too much. Offer to not be all up in her face with visitation, if she will agree to cancel child support.... Read More

Your story has big gaping holes in it. It does not make a whole lot of sense and as you have told it, your daughter is most likely in no condition nor is she fit to have custody of a child. So why you want the child back is questionable. Seems very likely the child would be in just as much danger or more in your daughters care as in the care of the person who has the child now. First, no where in America can a woman 'sign over a child' like its a piece of property, especially just after giving birth, under the influence of drugs and in the care of a hospital. Second, if she did, she can't later say oops, I've changed my mind and unilaterally 'rescind the agreement'. Third, your daughter's mental state is very suspect, if she after all that, allowed him to 'talk her into' taking the child to NC. However, if he is not the father, he has no rights. Why you aren't down in NC with a court order and a couple of sheriff's deputies to take custody of the child is beyond me. I suspect it is because while a DNA test may have been ordered by a NJ court, if I were him in NC, I'd flip NJ the bird, completely blow them off and not take the test. So most likely, you do not have DNA evidence that he is not the father. Besides if you did, why would he want to keep the child? What you need to do is get on the ball and get a court order asap. As for his big 'next step', there isn't a legal one in NC because he doesn't have jurisdiction. However, there are plenty of illegal next steps. If he really is not the child's father, I'd be concerned the child will be sold either to an illegal adoption agency or to human traffickers. If that happens, you have about a 48 hour window before you'll most likely never see that child again.... Read More

What? Is the Sheriff's Department answer not good enough? Without a court order or probable cause that the child is in imminent danger, the child cannot be taken by law enforcement. If you have a Separation Agreement, why was it hasn't incorporated into your divorce judgment and if it was - guess what? You got yourself a Court Order and if the ex keeps the child beyond her allotted time - you can call the Sheriff, show them the order and they will assist in recovering the child. Just remember this will go both ways.... Read More

That in turn usually happens by agreement.  When parties can't agree, courts usually award one person primary custody and the other person partial custody.  Normally, you file a petition and, after a hearing, the court will enter an order giving you specific minimum rights.  It may take a long time to get a hearing, though. ... Read More