Mother moved w/ Child I can visit but refuses my child go Arcade/ Nights She has A PO for DUI I/Child endang. She pays Child support her other child.
Asked on Sep 22nd, 2025 on Child Custody - North Carolina
More details to this question:
My Daughter mother had a mental break this past weekend ( My child was not here) she called called Sucide hotline & police/ medical. Refused to go to the hospital. We then went to get my child she decide to stay then asked me to leave so she could have time for herself. But since has decided to move there I do get to go see my daughter but I do not get to take my daughter with me for a night & to see her grandparents. My daughter cries every time I leave wants to go with me. I also have been taking my child (3 Years old) items like groceries, Clothes toys whatever she needs. Also my EX is on Active Probation for a DWI level 1, Child Endangerment because she wrecked with our daughter in the car also assaulted my mother same night while I was working with 2 years left & has to pay Child Support for a child with someone else. I have provided for my family including paying those fees. There is no domestic violence involved at all we have always got alone. What should I do?
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.
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