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Thelawman2, Attorney
Category: Family Law
Satisfied Customers: 1029
Experience:  Attorney-at-Law
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My daughter is in trouble, her and boyfried have a

Customer Question

hi, my daughter is in trouble, her and boyfried have a child(7months old)...mother kicked girlfriend off has been a boyfriend files court order for child....daughter will not let him go because she fears child in danger, because boyfriend drinks and take drugs......what can she do
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: north carolina
JA: Has anything been filed or reported?
Customer: court order by boyfriend...but not been served yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 26 days ago.
Category: Family Law
Expert:  Thelawman2 replied 26 days ago.

The boyfriend may have filed for custody, but the court will hold a hearing to determine what is in the best interests of the child. A court cannot simply take custody away from the mother without holding a hearing first. At the hearing, the court will carefully examine your daughter's conduct in the past and, based on her past history, the court will predict how she will behave in the future. The court will do the same for the boyfriend. The trial judge is given wide discretion in his or her determination. The dominant principle in all NC child custody actions, including actions to modify custody, is that custody will be awarded to the person or institution who “will, in the opinion of the judge, best promote the interest and welfare of the child.”

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