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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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in n.c. can the father of children whom reside with the mother

Customer Question

in n.c. can the father of children whom reside with the mother refuse to put the children back into her care if he feels there is a criminal element and neglect neither45 parent has a custody order and the mother has been charged with 2-felonies and a misdemeanor
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
If the father is married to mom or has his name on the birth certificate, he has the same rights as mom, so since there is no court order for custody, the father can exercise his discretion and can restrict mom's contact from the children if he is concerned for their welfare.

If mom wants contact she would then need to file a custody order to get something issued by the Judge.




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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 8 years ago.
so can i have a restraining order put in place to prevent her from just picking them up from school/daycare since neither has custody order
Expert:  Attorney & Mediator replied 8 years ago.
I just noticed your additional information which I did not have the chance to read until just now.

A restraining order can only be obtained if she has threaten to harm you or the children. So if she has not done that you cannot obtain the restraining order. What you will need to do is immediately file for custody and obtain the temporary orders be with you while you wait for the custody hearing to take place.

A restraining order can only be obtained if there has been domestic violence or a threat of violence in order to get it.

http://www.aoc.state.nc.us/magistrate/50b.htm

So your recourse is to file for custody and obtain temporary orders you.


_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.