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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27678
Experience:  Attorney with experience in family law.
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My sons father kept m after s summer visit. He refuses to

Customer Question

My sons father kept him after his summer visit. He refuses to give him back he lives in the state of NC. My son is 8 years old and legally resides in the state of NY as I obtained custody of him at birth. I wanted to know if I could go to NC and pick my
son up from school and bring him back to NY. I already filed for custody in the state of NY on September 30th. Can I just go and get him??
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If there is no court order giving your ex the right to keep your son, yes, you could, assuming you can do so peacefully. If you can't pick him up without disturbing the peace, then police would probably not allow you to take him. In a situation where neither parent has a court order, if police become involved, they will typically require you to get a court order before allowing you to take the child.

You could file for an Emergency Temporary Order in the New York Court, go before the judge immediately, and get a temporary order requiring the father to hand your son over immediately. That way, when you show up in North Carolina to take your son, if there are any problems, police should let you take him.

Expert:  Lucy, Esq. replied 1 year ago.

The problem is, if you just knock on the door without a court order, and the father refuses to hand your son over, there's not really anything you can do.

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