QUESTION

Can a unmarried father take the child from the mother?

Asked on Dec 17th, 2017 on Family Law - North Carolina
More details to this question:
Me and my daughters father had a DNA test done it came back here us the father. We never went to court for doing visitation with him. I just verbally agreed to let him get her every other week for a week. Sometimes he doesn't come. Now he has my daughter and he is threatening not give her back cause he is mad with me. His mom won't answer the phone to allow me to check on my daughter. What are my rights as the mother to get my child back. What can I do? I love in knightdale north Carolina.
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1 ANSWER

Family Law Attorney serving Charlotte, NC at Prism Family Law
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I strongly encourage you to immediately seek legal counsel in your local area.  There are a number of complex laws at play in a scenario like this, and it is important to understand not only North Carolina law, but the local rules within your particular jurisdiction.  View our blog for a brief discussion on denying visitation when involved in a child custody dispute in North Carolina.  Typically, we would file for both permanent child custody and temporary custody in a situation like this.  A court order would help draw lines and clarify the visitation schedules of each parent.  Once an order is in place, a non-abiding party can be held in contempt for not following the order.  Hope this helps.  
Answered on Jan 16th, 2018 at 6:42 AM

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