QUESTION
Can they take my child from my mother who keeps him while I work?
Asked on Apr 13th, 2013 on Child Custody - North Carolina
More details to this question:
I live in NC. I am divorced. Our separation papers stated that we would share custody of our child. I would have him for 2 weeks and she would have him for 2 weeks. She kept him from me for 6 weeks. I have had him for 5 days and she now wants him back now. We have no custody agreement signed by a judge. She called the Sherriff dept. and they called me. They said they could not take him from me.
1 ANSWER
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
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.
Answered on Apr 17th, 2013 at 11:58 PM