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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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In NC is there any Statute of Limitations on Abduction of a ...

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In NC is there any Statute of Limitations on Abduction of a child? If so what are they? There was no court order in place, father had physical custody and mother moved and left the child in NC while she moved to AL. She then came back up from AL and wanted to visit with the child. The father allowed this visit, but then she took the child to AL without the consent of the father or any legal documents giving her custody. This happened back in 99-00. Please advise. Lots of troubles with her since, so is there anything we can do?
Submitted: 6 years ago.
Category: Family Law
Expert:  Walter replied 6 years ago.

Hello,

Where you married at the time of birth?

There are no court orders for custody correct?

Walter

Customer: replied 6 years ago.
Reply to Walter's Post: Not ever married to my childs mother.

There are current custody papers but none at the time she ran off with my son.
Expert:  Walter replied 6 years ago.

Who has custody now? (Legal though the courts)

Customer: replied 6 years ago.
It is joint legal custody in NC, with the mother having Primary physical custody.
Expert:  Walter replied 6 years ago.

Hello,

I am sorry, I do not have good news. Since you were not married she had legal custody of the child prior to her leaving regardless of there being any court orders. When a child is born to a unmarried women she is granted sole legal custody and if the father wants rights he must ask for them or the mother can petition for custody.

When she left there was nothing the police could do as she had not broken any laws. There is nothing that can be done now as she did not break any laws when she took the child.

Walter

Customer: replied 6 years ago.
Reply to Walter's Post: Ok--there was a court order, but it had expired. The last court order that was in place gave me primary custody. So when it expires, it automatically goes back to the mother?
Expert:  Walter replied 6 years ago.

Hello,

Did you have the order before she took the child?

If so why was the police unable to assist you?

Can you prove you had this order?

Walter

Customer: replied 6 years ago.
Yes--I had the last order from the court in my hands, but it only had a 6-18 month term then it expired. It had already expired when she took him from my custody. I still to this day-have that order from back in 1998-99 showing I had Primary custody. Police could not help me because the order had expired. I thought possession was 9/10ths the law at this point?
Expert:  Walter replied 6 years ago.

Hello,

I am sorry, if the order was expired then the police would not have been able to enforce it without a new order. If you would like to try and get custody now you can use the fact that she took the child from you regardless of the child's best interest. Unfortunately with the amount of time that has passed the judge must decide if removing the child again would be in his best interest.

As far as kidnapping since the order was expired you would not be able to press these charges.

Walter

Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience: Family Law Consultant Specializing In Interpretation Of Family and General Law.
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