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mkc1959
mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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Neither parent have filed. No court documents filed, no

Customer Question

Neither parent have filed for divorce. No court documents filed, no court documents granting, no judge ordering custody.
Mother alienates son from father when financial requests are made but not met. Once met, mother then takes son for weekend visits. Father wants to know if upon visiting, can he legally take custody of son, since according to above, no legal documents prevents him from doing so.
Also, mother prevents father from visiting family in Charlotte, NC yet takes son to visit her family in Dallas TX. Threatens father that if he crosses state line she will initiate amber alert. Father thinks son is used as a pawn for wife's benefit. Can he LEGALLY take his son to visit relatives in North Caroline before new school season begins.
Submitted: 1 year ago.
Category: Family Law
Expert:  mkc1959 replied 1 year ago.

Yes. You each have equal rights to make decisions for the child. You may take him with you.

Expert:  mkc1959 replied 1 year ago.
No other state will have jurisdiction for a custody case unless the child resides in the state for at least 6 months.
Customer: replied 1 year ago.
1) She said she will trigger an amber alert if I do. Before an amber alert is triggered, would they try to establish if I have equal rights to him and if so, reject her attempts to trigger the alert. (Currently my son resides with her but at the moment I can't do anything because she tells the babysitter never to allow me to see my son unless she is present.
2) At the school that my son attends, the school refuses to let me pick him up even if I present proof such as my son's birth certificate. My wife has only listed herself and her best friend (the babysitter) as the only persons who is allowed to pick him up from school.
3) The school is in a seedy part of town where kids wonder off the premises all the time during school hours. The school is considered a D or F school. She knows there is an A Rates school 3 minutes away from where I live. She always said she is going to hand him over to me so he can attend that school. But every time she gets mad, or she doesn't get what she wants like gas money, or money to buy something, she uses that as an opportunity to change her mind. The next time she drops him off to spend the weekend with me, can I refuse to hand him back over? Can I put my foot down and say I think she is putting his well being in danger with where he lives and where he goes to school, and by instead having him attend the A Rated school that is 3 minutes away from MY Home is in his best interests. Can I say from now on he is going to be residing with me UNTIL EITHER OF US FILE FOR DIVORCE AND/OR THE COURTS HAVE ORDERED CHILD SHARING PLAN/DECISION.P.S. I do not want to make these decisions just to OR in order to get back at her so she feels what being alienated from a child feels like... BUT INSTEAD I am fearful that his life and well being is in danger for the part of town that he lives, the people she associates with and the F Graded school that she enrolls him into. Not withstanding that her best friend (baby sitter) condones her leaving at 10pm and returning at 3am... and even being too drunk to return home. I have text messages that she have sent... verbatim... I am NOT coming home tonight because I am too drunk to drive home.All I want is to take my son out of that environment and have him reside with me... until custody is filed and established. Can I refuse to hand him over and ask her to leave. In fact, I would tell her not to bother come and pick him up. From now on, he will be residing with me from now on.
Customer: replied 1 year ago.
I just need to know that my thought process is in check and there is absolutely nothing wrong with what I think are my rights.
Expert:  mkc1959 replied 1 year ago.

From your recitation of the circumstances, you each have equal legal right to make decisions for the child at this time. However, you present a list of concerns and through this service I cannot adequately evaluate or respond to all of the concerns. For that reason, I suggest you contact a local attorney.

Expert:  mkc1959 replied 1 year ago.

From your recitation of the circumstances, you each have equal legal right to make decisions for the child at this time. However, you present a list of concerns and through this service I cannot adequately evaluate or respond to all of the concerns. For that reason, I suggest you contact a local attorney.

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